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Full text of "Cobbett's complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the present time ... from the ninth year of the reign of King Henry, the Second, A.D. 1163, to ... [George IV, A.D. 1820]"

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,^  ...  -^'*'^!i«?f»^=S!«*? 


C.T37 


HowelFs  State  Trials. 

VOL.    XXIV. 

[BEING   VOL.   III.   OF  THE   CONTINUATION] 
S4  &  S5  GEORGE  III A.D.  1794. 


COMPLETE    COLLECTION 

<"  :     -■■•:•-    •    •••  -   - 


OF 


AND 

PROCEEDINGS    FOR    HIGH    TREASON    AND    OTHER 
CRIMES  AND  MISDEMEANORS 

FROM  TH£ 

EARLIEST  PERIOD  TO  THE  YEAR  1783, 
WITH  XOTES  AXD   OTHER   ILLUSTRATIOJ^S : 

COMPII.ED   BY 

T.  B.  HOWELL,  Esq.    F.R.S.  F.S.A. 

AND 

CONTINUED 

FROM   THE   YEAR    1783   TO   THE    PRESENT    TIME; 

BY 

THOMAS  JONES  HOWELL,  Esq. 


VOL.    XXIV. 

[BEING  VOL.  III.  OF  THE  CONTINUATION] 
34.  *  35  GEORGE  III A.  D.  1794. 


LONDON: 

PruUed  hy  T.  C.  Hansard,  Peterborough-Court,  FUet-Street  t 
FOR   IjONGMAN,  HURST,   REES,   ORME,   and   BROWN ;  J.  M.  RICHARDSON  ; 
BLACK,   KINGSBURY,  PARBURY,    and  ALLEN  ;    BALDWIN,  CRADOCK, 
AVD    JOY  ;    E.  JEFFERY  ;    J.  HATCHARD  /  R.  H.  EVANS  ;    J.  BOOKER  ; 
J.  BOOTH;  BUDD  ahd  CALKIN;  AND  T.  C.  HANSARD. 

1818. 


r  ''!;W:^Hf? 


TABLE  OF  CONTENTS 


TO 


VOLUME  XXIV. 


GEORGE  THE  THIRD,  A.  D.  1794. 

GOS.  Trial  of  DAVID  DOWNIE  for  High  Treason;  at  a  Special 
Commission  of  Oyer  and  Terminer^  holden  at  Edinburgh  Sep- 
tember 5th  and  6th :  84  Giobok  IIL  a.  d.  17d4> • 1 

6M.  The  Trial  of  THOMAS  HARDT  for  High  Treason,  before  the 
Court  holden  under  a  Special  Commission  of  Oyer  and  Ter- 
mmcr,  at  the  Sessions  House  in  the  Old  Bailey,  on  the  28th, 
29th,  dOth,  and  81st  days  of  October,  and  the  1st,  8d,  4th, 
and  5th  days  of  Norember:  85  Gioaai  lU.  a.  d.  1794   19^^ 


CORRIGENDA. 


CORRIGENDA. 
Vol.  XXIV. 

p.  90Sy  1.  15  from  ike  hatUm^for  design,  to  read  design  to. 

p.  S59,  1.  33,  to  the  word  **  treason,"  should  he  affixed  the  following  Note : — As  to  which,  see 
in  this  Collection  the  cases  of  Lord  Strafford,  Vol.  3,  p.  1381 ;  of  Peter 
Messenger  and  others.  Vol.  6,  p.  879 ;  of  Daniel  Dammaree  and  others, 
VoJ.  15,  p.  591 ;  and,  of  Lord  George  Gordon,  Vol.  «1,  p.  485. 

p.  S56,  /aft  line  but  one^or  laws  read  law. 

PL  660,  iaU  line^  jfor  pp,  104, 108,  read  pp.  231,  et  seq.  ed  of  1817. 

p.  &I5,  line  19»  J'or  rember  read  rememuer. 

p.  8^7,  /.  ^3,  J'ratn  the  bottom^  for  doos  read  does. 

p.  810,  last  line  but  onCyfor  belonged  read  belonging. 

p  919,  lest  line  bnU  three,  dele  see. 

p.  106 ly  line  4, .A"*  unanimity.  rea</ unanimity : 

f  I061y  imti  One  but  one, /or  Debates,  renij  Debate. 


STATE    TRIALS, 


Trial  of  David  Downie*  for  High  Treason;  at  a  Special  1 
CommUsion  of  Oyer  and  Terminer,  holden  at  Edinburgh^ 
September  5th  and  6th :  34  George  IIL  A.  o.  1794.t 


Mi^^kta^h  Friday,  Septmhir  5th,  1794. 

^  r  i  Pre^iident,  Lord  Chif  f  Baron 

of  i,  Lord  Eskgrove,  Mr.  Baron 

fiorton,  ijora  ^wtnton,  Lord  Dimsmnan. 

Cemmut/ar  ikt  Crowity—Thc  Lord  AdvocaU, 
■     "^  "  :itOf  Genenl,  Mr.  Anstruther,  Mr* 

I- — Mr*  Warr^ndcr, 
If €IiMiu£/ /or  tht  Primner. — Mr.  Cnllen,  Mr. 

iCkft,  Mr  Fletcher  to  assist 
|j(i««r  Mr.  John  Dttlon. 

\  Ckrk  tff  ijrruif  HI.— Vou,  the  prisoner  at 

'  btr^  f  he^**  i,'*rtKl  nu'n  that  you  shall  hear 

fsUedf  and  3)ipear^  are  to  pass  be- 

tween fitir  Vortl  Ihc  king  ain)  you, 

«|PQ»  tJ*r  tf  I  ifc  and  death  ;  if,  ihere- 

iJie,  jroQ  ^^  i^e  them,  your  time  is  to 

•peak  witiF  tui^TD  \\s  they  come  to  the  book  to 

re  thein  called  as  follows: 
--Pritontr^  I  challenge  him. 
^Pti$,  I  challenge  h'mi, 
ifk^^Pris.  I  challenge  him. 

li?r. — Prii,  I  challenge  him. 
— Pri%,  I  rh^llen^e  hira, 
:i- — Pri%.  I    '      '  him. 

L — iViY  I  him. 

^Prh.  I  lij.Hjrii-f  iiim, 
— Frii,  I  challenge  him. 
'"^" — Prit.  I  chaTtengc  him. 
(of  Queen  Street  in  the 

liace^ — Priv,  I  challenge  him. 
1,— Prif,  I  challenge  him. 


m  Ibc  case  of  Robert  Watt  in  the  prc- 

;  VoJumep,  1167. 

■kco  mHhort-hand  by  Mr.  Blanchard. 
Ibift  emae  uiother,  but  imperfect^  account 
VM  MiMMiMd  Mmilar  tn  tfmt  of  Watt's  trial, 
vbini  Iteft  slfeaidy  hern  noticed^  ante^  Vol,  S3. 
^  IHIT. 


John  Scougall» — Prw.  I  cha;llenge  hrm. 
John  Horner, — Pri*.  [  challenge  him, 
Tho.  Hutchinson,  — J'ris.  I  challenge   him.  J 
Archibald  Campbell,^ iV is.  I  challenge  him, 
George    Kinnear,— Pri>.  I  challenge  hint* 

2.  Wi^lliani  Frxser  (of  Kirk  brae  head  in  lhe< 

Earish  of  8t.  Cuthbert*9,  of  the  county  of  £di»>^ 
urgh)  was  sworn, 

John  Andrew, — Pris.  I  challenge  him, 
William  L:Lmb, — Pri$,  1  challenge  him. 

3.  Wilham  Fettes  (of  Princes-street,  in  th*^ 
city  of  Edinburgh)  was  sworn, 

William  Scut,— Pri*.  I  challenge  him. 
James  Raunie, — Pris  l\  hallengehim* 
Jmnes  Jameson,— Prii.  I  challenge  him. 

4.  James  Ijndsiiy  (of  Qtmlity-strcet,  Leilh^j 
wine  Merchant^  was  sworn. 

Alexander  Sherift,— Pr  w.  I  challenge  him. 
Alexandt^r  Rinnear, — Pri^.  I  challenge  him* 

5.  James    Hamilton  (of  Princcs-strcet,  iti^ 
tlie  city  of  Kclinhurgh,  uphobterer)  was  sworni 

6.  Alexander  Ponton    (of  Canal-street  m\ 
the  city  of  Edinburgh,  wri^ht)  was  sworn. 

David  Deuchar  (ol  High-street,  in  thecityj 
of  Edinburgh,  seaUengravcr)  was  sworn.  ' 

8.  Chark's  Uobinson,    (of    PrinceS'Slreet^  J 
in  the  city  of  Edinburgh,  painter)  wa^  sworn, 

9.  George  Rae  (of  Leith-wynd,  in  the  parisb'^ 
of  Canongale,   candle     maker)   was    sworn^  ^ 

to.  John    Bonnar  (of  Si.  Uavid-strt^et,  ia^ 
the  city  of  Edinburgh,  painter)  was  sworn. 

It.    Pavid  Milne  (of  Queen-street,  in  thd , 
city  of  Edinburgh,  merchant)  wa^  sworn. 

Fran.  Buc.Sydeserff,— Pm.  Irhallengcbim* 

James  Price, — Prm.  1  challenge  him. 

12.  John  Black  (of  InrkS  Clu^e,  in  the  city  ^ 
of  Edinburgh,  woollen-ilrttper)  was  sworn. 

List  or  tiii:  Jrav. 
Robert  Young. 
William  Fraser. 
William  Fettcji. 
James  Lindsay. 
James  Hamilton. 
Alexander  Ponton. 

U 


David  Deuchar, 
Uharl<;s  Robertson. 

J'  ir 

JiilVirj      .ijiilie. 

John  Bhvk. 


Cfcrk  of  Arralgti^  —  Ccunl  thc«c-  [He 
Ihen  called  over  Ihc  names  of  ihe  Jurors 
sworn  :  thuy  were  accord  in  j;ly  counted.] 

Clerk  of  Arraigns, — Crycr,niake  proclama- 
tion. 

Cryer,—Oyet^  ,  If  any  ooii  can  iaform  my 
lords,  Uie  king's  attorney  general,  or  this  in* 
quest  now  tu  be  lakt  n<,  of  tlie  high  treason, 
whereof  the  prisoner  at  tiic  bar  stands  in- 
dicted, let  them  come  forth,  and  they  sliall  be 
heard ;  for  now  the  prisoner  stands  at  the  bar 
upon  bi.^  deliverance,  and  all  others  that  are 
bound  by  reco^Lcance  to  give  evidence 
against  the  prisoner  at  the  bar, let  them  coine 
furth  and  give  their  evidence,  or  else  they  for- 
feit Ibeir  recognizance ;  and  all  jnrynien  that 
have  been  called,  and  have  appeared,  and  are 
^01  Mworn^  joaj  depart  the  court. 

Clerk  nf  ^rrai^nj.— David  DowdIc,  hold 
up  your  haod  (which  he  did). 

ilkrk  of  Arroigns  to  tlie  Jury.— Gciitlc- 
meu,  you  that  arc  sworn,  look  upon  the  priso- 
ner, and  hearken  lo  !ii>  4:harj;e ;  he  stands  in- 
dicted by  the  name  of  David  Downie»  lale  of 
Edinburgh,  iii  the  county  of  Edinburgh,  not 
Jiaving  the  fear  of  God  in  his  heart,  nor  weigh' 
iog  the  duly  of  hib  allegiance,  but  bt-in;^  moved 
as  a  false  traitor  agaiust  our  lord  the  kuig,  and 
wholly  withdrawing  the  cordial  love  and  true 
and  due  obedience,  fidchtV)  and  allegiance^ 
which  every  true  and  faithlul  subject  »ht>iild» 
and  of  right  ought  to  hear,  towards  our  lord 
the  king,  and  wickedly^  nialickiOHly,  and 
Irailerously,  contriving  to  break  axid  disturb 
the  peace,  and  to  change,  subvert  and  over- 
throw the  government  happily  estabJLshed  in 
this  kinjEidom,  and  lo  eicite,  move,  and  raise 
in-surrertlon,  and  rebellion,  and  to  dejwse  our 
J ord  the  king  from  the  govemraenl  of  Great 
Britain,  ^nd  to  put  him  to  death,  on  the  firO. 
day  of  March  last,  and  on  divers  oiht  r  dayi^. — 

f  be  first  overt  act  is,  that  be,  on  Uie  hrst  of 
Marcli,  did  maliciously,  wickedly,  and  ( r alter • 
maiy  meet,  conspire,  consult,  and  mme  to 
IliOpc  and  procure  a  meeting  of  divers  stiujccts, 
to  be  assembled  and  held  within  Uie  kingdom 
of  Great  Brrtarn»  under  the  name  of  a  con- 
vention, for  tlir  i,{  assummg  to  them- 
selves, at  siicli  \if.  powers  ofgoveni- 
jneiit  and  If'gjsiaiMjn,  M.ur  this  kingdom,  in- 
dependent, kind  Ml  defiance  of  ttie  aiitliority. 
and  a^aiust  the  whole  of  the  parliament  of 
this  kirigduni,  aud  of  subverting  and  aitering 
the  ndc  and  government,  and  deposing  our 
lord  the  knig  from  the  government  and  royal 
stale. 

The  second  oved  act  is  that  he  roet^  and 
consulted  to  instigate,  incite,  encoura^,  and 
porsuHdu  the  subjects  of  our  brd  the  king,  to 
<Miuse  and  procure  divrrs  meelmgs  ana  as* 
scrub  lies,  for  the  purpose  of  choosing  dele- 
gates frum  amon^  themselves,  to  jucel  in  a 
i,i. -».»,,  .r  ...J...   .^  ..  n^imj  of  a  r  -  r-  *-  -:    *  ■ 

j^c  of  as8' 


_  lit:  ui  I  -iJ"! 


Trial  of  David  Dowm€ 

iembled  to  cluio&e  a  convention  to'  be  hekl, 
the  object  of  which  was,  to  redress  nadooal 
grievances,  by  usurping  to  themselves  the 
power  of  government  and  legislation  of  this 
kingdom,  in  defiance  of  the  authority  of 
parhament. 

Tli«  fourth  overt  act  is,  cODsultiiig  Xo  bring 
about,  in  such  convention,  lo  be  held  without 
the  consent  of  parliament,  an  alteration  and 
cbange  in  the  modeof  representatioo,  and  in^ 
stigaBng  and  inciting  persons  to  send  dele* 
gates  to  such  convention,  for  the  same  pur- 
pose. 

The  fifth  overt  act  is,  that  he  conspired,  with 
other  false  traitors,  by  farce  to  oblige  the  km^ 
to  alter  the  measures  of  government,  and  to 
comply  with  certiin  unlawful  dcrmaods^  pio- 
posiuons,  and  meastireS|  to  be  theicafUt 
made  by  bim,  relating  to  the  king's  adminis- 
tration of  the  government  of  this  kingdom. 

TJic  sixth  overt  act  is,  that  he  conspired  to 
mise,  and  make  insurrection  and  rebelhon, 
against  our  lord  the  kin^. 

The  seventh  overt  act  is,  that  he  conspired 
to  oblige  the  king  by  force  to  comply  witli 
certain  demands  to  be  made  hv  Wun.  4r»U  cofw 
sent  to  tlie  introduction  of  u%  afld 

n^eabures  respecting  the  go\ '  uf  this 

kingdom. 

1  he  eighth  overt  act  i«,  that  he  conf^irtdj 
consulted,  and  agreed  with  other  false  traiKn^^ 
to  seize  and  take  the  caatle  of  Edtnbur^gh  into 
his  possession,  by  force  of  arni»>  with  gtjn5r 
pikes,  spears,  baiile-«&kea,  and  other  of&naivt 
weapons,  and  Uy  provide  leaders  to  be  ap- 
pointed and  instructed  by  him,  and  to  ky  in 
wail,  and  surprise  the  forces  of  our  lord  the 
king,  sUiLioned  in  the  said  Castle  of  Edin- 
burgh, and  to  attack  and  6gbt  them,  and  to 
take  into  hb  poises:iion  by  force,  the  public 
banks,  and  excise  uflite,  and  to  seije  wl 
imprisun  the  justice  clerk,  the  lords  of  councU 
and  ^cs.'^ion,  and  justiciary,  and  the  lord  pro^ 
vusf  of  Kdijiburgh. 

The  ninth  overt  act  is,  that  he  did  trvftismte 
and  incite  divers  subjects  of  our  l^'i  <.; 

to  consent  tU|  anil  approve  the  la^i  J 

traitcrous  propusal^v  ^^*^  ^  &td  aiui  as^fp<i  mm 
in  eiiceiing,  and  carrying  the  $ame  into  cxe^ 
culton. 

Ttie  tenth  overt  act  if,  that  he  fOiMpired 

and  consulted  UlUl  other  fal^  Ir^itnrt    tn  uto- 

cure  arms  for  tlu)  pirpo^  oi  it 

and  allacrs,  to  enable  him  l^^  ;* 

ill  the  legal  eiterciae  of  his  royal  power  vid 
authority. 

The  eleventh  overt  act  is,  ''  n^jpiied 

to  raise  and  le%y  moDey,  tli<  r-irry 

into  effect  his  truiterous  puri 

'llic  Iweltth  overt  act  is,  tl  '» 

rkrtri:  '  ,' '  '  V  '  di>pcrs*M  cfri^n  iim- 
ir-  liipnabUj  p&ipen,  «Dd 

>ur  \m  Um 
aa" 

''J 


*) 


J^  High  Trtas6n. 


A.  D.  1794. 


[6 


[lft|ift¥  ibe  Bame  to  him,  with  intem  Umt 

flhould  b4£   accautited  for^  and 

math  way  as  shmjld  be  most  eal- 

10  make,  and  mi'^e  insurrectioQ  and 

tlMioo  af^inst  the  king. 

'  Thm  Iktfteenth  overtiLct  is,  that  be  hired  and 

fgicfd  John  Fairiey,  to  oury  and  disperse 

tKsk  pipcsi  am  )a«^t  aforesaid,  sxid  delivered 

purpose,  with 

r  said  lord  the 

uir  \Mii!  in  the  exercise 

0  assist  in  prosecuting 
i^ade  to  subvert  the  go- 

tjv^rt  act  is,  that  he  in* 

1  Fairlcy,  to  insljgatp, 
/  .  ts  of  our  said  lurd  the 

iimru:e  and  support,  and  to 
■y  as  flhould  be  colJectcd  to 


lilWntb  overt  act  is,  that  he  eitt- 

the  fiaid  John  Fair  ley,  to  in&tignte  and 

ibo  iiuhject;  ofonr  said  lord  the  king,  to 

m  afraa,  and  to  arm  themselves,  to  resist 

kiig^aod  U»  aid  and  assist  him  m  subver- 

tbt  fEi&vtnuneot. 

futeeolh  overt  act  b,  that  he  em- 

HlUiam  Brown,  to  m»ke  and  procure 

foe  arming  himself  and    other    false 

and  pajd  tliem  munev  for  the  same. 

H^mteenth  overt  act  is,  that  he  em- 

Onock  to  make  arms  for  the 


Ttw  eic|i<«tnih  overt  act  is,  that  he  con- 
il,  aoid  foi  into  his  posses^t uu  arms^  and 
I IhcvD  Goocaalcd  in  his  dwelling  house,  in 
\  fo  be  made  use  of,  for  the  traitcrous 
talbcesaid,  agamst  the  duty  of  his  al- 
ft^&sl  the  form  of  llie  statute  in 
aiU^  and  provided,   a^uinsi  the 
iatd  lord  the  king,  nis  crown 

indictment  he  hath  been  ar- 

aod   thereunto    hatb   pleaded  Not 

ad  f«Drhiii  trial  hath  pot  himself  upon 

the  eouotry,  which  country  you  are ; 

etiafife  i%   to    tnqitire   whether  he  he 

f  '^  '.'"",  ^-         .     '    .     "'  ■     :  .'ids 

.  sy 

lu  riKinjier    wiiai    gfju.iija    ami    inaitcrls 

laiicnientji,  he  had  Dt  tlie  time  of 
iMqfi  tretf'^'"  '--^ '>>"«•  «.*i    ***■  jit  any  lirae 
if  j^i  .  you  are  to 

■Murs  if  hi  rind  that  he 

iM  lor  I  ot  his  coods  and 

diaaaK,  i  ium  guilty;  if  you 

MbiainAi  ;!  that  he  did  not  fly 

ivittTQii  ai'  ^0|  and  no  more;  and 

bnHuii  to  tbc  tiviilaicc. 

Mr.  DiaaJatf.^-Oentlemen  of  the  Jury,  This 
n  an  iwlieliDent  of  high  treason,  against 
Dmd  Dawnmv  the  ^iioner  at  the  bar.  Vou 
lawi  hcar^  the  tndtdment  read,  and  it  is  my 
ter  10  iUK?  the  substance  of  it.  DrieHy, 
L  as  ilua^'Tbe  prisoner  is  charged  with 
J  to  wittmVlit  II  convention,  which 
lisurp  the  iQDvemmtDt,  and  to  new- 


model,  at  their  will,  the  constitution  of  the 
conntrv-  He  is  likewise  charged  with  procur- 
ing offensive  weapons,  to  arm  the  subjects  of  1 
the  cQuntr5%  in  order  to  alter  the  form  of  the 
government,  and  to  overawe,  and  restrain  the 
conduct  of  the  king,  and  compel  him  to  conn 
ply  with  such  measures  as,  to  the  prisoner 
and  his  associates,  might  seem  proper,  and 
expedient;  and,  finally^  he  is  charged  witb 
having  conveyed  treasonable  papers,  with  a 
view  of  influencing  the  army,  corrupting  the 
soldiers,  and  hiiissing  them  from  their  duty, 
and  of  exciting  them  to  rebellion.  The  «uni 
of  all  is,  he  has  taken  measures  which,  in  the 
language  of  the  law,  extend  to  compass  and 
imagine  the  death  of  the  king, — to  which,  he 
has  pleaded  Not  Guilty. 

The  Lord  AdrocoU.—^l^  Lords;— Gentle- 
men of  the  Jury,'-'Thjs  is  an  indictmejit 
against  the  prisoner  at  the  bar,  for  the  crime 
ot'hi;;h  treason ;  and  it  is  my  duty  to  stale  to 
yiiu,  shortly,  the  low,  as  it  appears  to  me  to 
stand,  upon  that  subject,  and  the  general 
nature  and  import  of  those  facts,  which  on  the 
part  of  lUe  crown,  and  on  that  of  the  public. 
It  is  my  duty  to  lay  before  you,  and  to  support 
by  evidence;  of  the  truth  or  suAlciency  of 
>*hich  evidence,  you,  as  the  representatives  of 
the  country,  judging  impartially,  between  the 
prosecutor  on  the  one  hand,  and  your  fellow 
subjects  on  the  other,  are  alone  cntitledf  and 
have  the  power  to  delermme. 

Gentlemen,  it  must  be  perfectly  well  known 
to  you,  that,  upon  the  happy  event  of  the 
union  of  the  two  kingdoms,  the  sys^tcros  of 
law  which  bad  prevailed  in  each  country 
from  the  earliest  history  of  both  of  them, 
wrre  by  that  solemn  trcaly,  settled  and  se- 
cured to  each  nation  for  ever.  Soon  afker^ 
however,  and  upon  the  best  gmunds  of  public 
expediencv,  an  aUer*ilioii  took  place,  m  re* 
spect  to  tile  crime  of  high  treason,  which, 
smce  that  period,  has,  by  the  authority  of 
parliament,  been  made  the  same  for  both 
kingdoms.  It  was  just  that  it  slioutd  be  so; 
for,  being  united  under  the  f^ame  sovereign, 
and  under  the  same  happy  form  of  govern* 
nnent,  it  was  expedient  ana  necessary,  that  as 
our  allegiauLe  was  the  same,  the  laws  that 
punished  the  breach  of  it  should  be  equally  90« 
ticntJemen,  I  shall  not  stop  to  inquire, 
whether  we,  in  Scotland,  gained,  or  may  be 
supposed  to  have  gained,  or  to  have  lost,  by 
the  introduction  of  the  English  Jaw  of  treason; 
it  is  not  material  to  the  question  you  are  now 
to  try;  but  this  I  can  state,  without  the 
hazard  of  contradiction  upon  the  part  of  the 
prisoner,  that  ihe  Scots  laws  of  treason,  previ- 
ous to  the  union,  were  much  more  strict,  and 
much  more  severe,  than  those  which  were 
established  in  England,  under  the  protection 
of  which  we  now  hvc ;  and  that  some  persons, 
who  are  now  suffering  •  under  the  common 

•  Muir,  I'alfucr,  SkirviD|:,  Margarot,  and 
Gcrrald ;  u  -■  see  m  tbc  preceding 

Volume  oi  ^  iwu. 


7] 


34  GEORGE 


law  0*  Scotland,  arbitrary  punishmcnU,  fix- 
offences  cummitted  against  it,  would,  if  the 
Scots  Iaw8  of  treason  had  existed  at  the  present 
moment,  httve  been  tried  for  their  lives,  under 
thftt  liw\  mid  would  have  suifered  the  capital 
punishment  which  tliat  hw  iutiicted.  I  have 
no  doubt  you  must  ubo  know,  for  it  is  a  cir- 
cumstance that  has  always  Lieen  stated  to  the 
lionour  r»f  the  law  of  England,  that  from  the 
day*  of  king;  Edwanl  3r«l  to  the  present 
time,  the  law  of  treason  has  been  governed 
by  a  statute,  passed  in  the  rei^n  of  timt  excel- 
lent prince;  and  that  it  remains  the  founda- 
tion of  all  the  trials  which  have  proceeded 
upon  that  subject. 

It  includes  t hree  distinct  cases;    and  the 
statute  is  conceived  m  that  ^hort,  simple,  and 
precise  style^  fur  which  the  parliaments  of  our 
orefathera,  at  an  early  period,  l>olh  in  Kng- 
and  and  in  Scotland,  were  so  dis.tina:uished 
ind  remarkable.      They  left  thai  bneL  s-hort,  ' 
ud  concise  statute,  to    be  applied   by   the 
es  of  the  land,  in  afler'timcs,  to  every 
ase  wbirh  appeared  to  them  to  fall  within  it ; 
hey  bufije<l  not  tJiemselves  with  hunting  out 
every  mmule  case,  which  fancy  might  sug- 
'  but  they  laid  down,  in  pbin  and  clear 
inguage,  that  tonducl,  and   those  leading 
els,  by  which  allegiance,  in  their  apprehen- 
on,  was  broken,  and  left  to  the  juilicial  au- 
Ihority  of  the  laud   to   apply  to  sobbequent 
Leases,  the  distinct  and  plain  rules  by  which 
Iftlie  Uw  of  treason  was  bettled  and  defined ; 
iind  that  slatute,  which  has  stood  the  test  of 
^centuries,   and  which  has  been  discussed  in 
Every  case  that  has  s'mce  occurred,  has  now, 
I  and  for  a  long  time  past   in  England,  been 
•fixed,  exphuucd,  aiiil  seltle^l,  beyond  the  pos- 
>  fiibility  of  controversy,  and  beyond  the  rcuch 
..<of  dispute;  it   has  justified   the   wisdom  of 
,.the  parliament  which  enacted  it,  by  the  uni- 
versal applause  which  this  country  has  be- 
. stowed  on  it;  and  has  received  troiu  all  who 
.have  conbidered  or  written  upon  the  subject, 
the  slronge^^t,  and  moil  jtust  encomiums  as 
^}>rc3erving,  on  the  one  Imml,  the  con^litulioii 
find  K*^vernment,  and   the   safely    of   every 
[tmemoer  of  th*it  government,  by  punishment 
Lb€vcj:v,  if  those  under  its  proleclion  are  iaUe 
[  /enough  to  conspire  for  its  downfall ;  and  se- 
curing, at  the  same  time,  the  liberty  of  tlic 
subject,  aud  the  safety  of  the  highest  as  well 
as  the  meanest  indivukial  that  lives  under  its 
protection,  from  the  power  of  the  crown,  if 
ever  attempted  lo  be  opprcsnively  txertcd,  or 
Mretched  beyond  the  due  limits  of  tiiat  au-    have  v 
thority  with  which  the  law  and  cousin ution 
Las  vested  it  for  the  hucurity  of  the  whole, 
luid   for   ttic  presscrvation  of  peace  and   of 
order. 

Gentlemen,  I  stated  to  you,  there  were  three 
^K>mtH  whith  formed  the  leading  juid  pronii- 
ticnt  lValure«i  of  lh*ir  net  of  purhi^mt'iit. 

1'  '  le,  and 

jcoii  imouft 

in    ;;'k"i,    i^  — toajp.i".M;jjj    nr     niiUi^ining    the 

dcatii  of  the  king ;   the  socock1|  IcVyuig  war 


Tritd  of  David  Downie 

apinst  the  king :  aiid  the  third,  adhering  to 
the  enemies  of  tne  king. 

In  this  case^  with  the  last  we  have  nothin| 
to  do,  The  charge,  which  has  been  opened 
in  geneml  to  you,  by  my  brother,  falls,  as 
you  must  have  observed,  under  the  tirst  and 
most  important  of  the  whole,  cnmpi -"'*'■'  "^"<f 
imagining  the  death  of  the  sover. 
in  the  course  of  the  evidence  1  iL„..  „=.-.- 
wards  open,  you  will  find,  that,  lo  a  certain 
extent,  the  second  branch  of  the  statute 
comes  likewise  under  your  consideration, 
though  it  forms  not  the  Aground  work  of  the 
charge  against  the  prisoner  at  your  bar ;  for, 
accord  in  j^  to  the  universal  and  concurrent  atj* 
thority  of  the  greatest  and  ablest  judges  and 
lawyers,  which  any  country  ever  produccdj 
men,  friends  to  the  liberties,  the  n  1  '  "d 
the  constitution  of  their  couniry,  a « 
or  coiihultalion  to  levy  war,  or  in 
agaiitst   tlie  government  and  the  , 

even  though  that  war  should  not  1 x!y 

levied,  but  by  vigilance  checked  \\i  the  bud, 
has  been,  with  the  fullest  consideration,  held 
to  be  an  overt  act  of  compassing  and  imagin- 
ing the  death  of  the  sovereign,  and  to  hlk 
under  thai  leading  and  principle  branch  of  the 
statute. 

Gentlemen,  we  have,  since  Ihat  law  has 
been  extended  to  us,  had  two  rebeUious  in 
our  country,  but  upon  both  those  occasions, 
the  persons  guilty  were,  from  peculiar  circumt^ 
slancen,  and  under  the  authority  of  a  special 
statute,  tried  in  our  sister  kingdom.  We 
have  the  misfortune,  at  the  period  we  now 
Uve,  to  be  almost  the  Brst,  in  the  ditferent  si- 
tuations of  judges,  jurymen,  or  prosecutors, 
called  lo  the  meUurholy,  hut  necessary  exer- 
cise of  the  jurisdiction,  accorthng  to  the  laws 
that  prevail  in  our  sister  kingdom ;  and 
though  the  periods  of  rebellions,  I  trust,  are 
pa»t ;  allluuigh  we  all,  for  this  century  pa^ 
nave  had  occasion  to  bless  IIih  couhtitutioa 
which  our  parents  have  es^tablished  for  us^ 
which  from  ihem  we  have  received,  ana 
which,  1  trust,  we  shall  do  our  utmost  to 
scud  down  entire  to  our  children, there  exists^ 
at  the  present  moment,  to  the  astonishment 
and  gnef  of  every  virtuous,  loyal,  and  well- 
disposed  subject  (from  what  source  it  origt- 
natea  I  need  not  sitate),  a  conspiracy  and  cona- 
binaliou,  toundcd  upon  principles  hu'-lile,  not 


only  to  our  own,  but  to  every  utj 
mciit,aud  subvert vc of  allordcr,  :< 
who,  dr^    •  -  -         -     ^       I    ut   - 


<  nn  lent, 
lant,  the 
*«'"  of 

ity 


lo^v 

C<M 

b'  lli- 

r.i!  ■  uh 

evi:i  V  ijfUuu  t'AuUul,  ^aidunduilic  h|»octou3 
bul  li^ll^e  pretext  of  reform,  to  ^itb*^tUutc  in- 
i^iead  of  what   v^  >  :   which 

the^e  unhappy  p«  uol  uu- 

dtfjiirtHnd ;  an  4^tU  luj^i  wtiun^n  imy  ttad  Mic* 
cecdcd,  would  have  produced  the  aamc  drenal* 


JofT  High  Tretuon, 

l<l  tWim|lit  Pti  J  which  have  taken  place  in  a 
neiiMiMrtD^  cotxniry  :  would  have  equally 
iiifai»Cfi  in  it  the  life  of  our  sovereign,  and 
tkf  Qlblcoce  of  the  legislature ;  would  have 
nborttd  mil  laws,  and  annihilated  all  pro- 
f|Btyy«>d,^cr  destroving  those  persons  em- 
"■^  ' '  Ihc  service  of  llic  state^  or  members 
>Uituref  would  have  almost  in  the 
loiediate  moment,  des^cended  on  the 
boidB^f  those  most  active  aud  conspicuous  in 
m  itondftti  con^spiracy. 
GeDllenten,  the  word.s  of  (he  act  of  parlla- 
1  >ti/  H'iili  sufficient  accuracy 
Its  meaning;  and  after 
,  vou  will  be  able,  without 
-  mmc,  which  as  a  Scots  law- 

}  '  tlly  pretend  to  give  you,  upon 

Ai>  i  ^  ..  i.ULute,  to  see  what  the  law  of 
t»  -  1-  -,  <jr  by  what  circumstance's  of  con- 
dun  It  lb  violated.  The  law  of  England,  indeed^ 
an  ibe  law  of  every  free  country  ought  to  be  on 
tbm  tuihjtr'.  :  '  tin  that  every  man  who 

itaAk  amy  nd  and  know  precisely 

IIm*  Ijirr  -  '  (J  jics  tu  violate. — ^For  your 

^rtbtt  jtj,  however,  I  shall  feel  it 

"^  n\vn  words,  but  in  those 
lied  lawyers  of  England, 
-e  observ'ations  on  the 
d  to  them  material,  and 
their  apprehension,  that 
lifiikit  iiie  oue  or  the  ottier  of  the  two 
Inadiei  of  the  act  of  parliament.     T  shall 
hf^    wtU)   Mr.  Justice  Foster^    of  who^e 
>t>u  have  most  of  you  no  doubt  heard, 
him  and  Hawkins,  and  Mr. 
'  ue»  (he  most  modern  of  them 

tew  I' igri  upon  the  subject, 
Uwldtscourie  which  Mr.  Justice  Foster 
>fi.^f  the  rebellion  1746,  upon 
Ibtlsvrol  on,  which,  as  from  the 

diihieru'i^  -ii       ^       j-stonal,  as  well  as  eene- 
r,  and  the  pHriiciilar  circu matinees 
I  If!  was  called  upon  to  consider 
ninute  allentioui  so  he  pos- 
iy  of  stating  to  his  country, 
lilt  the  law  was  on  the  sub- 
ii  iimeutary  upon  the  first 

rjti lie,  compassing  the  king's 
ts  himself  in  the    following 

tliat,  in  the  case  of  the  king, 
•-'f^H  hath,  with  great  pro- 
rule,  voiunlo*  pro /actOf 
■  \j.    The  principle  upon 
^  is  loo  obvious  to  need 
ihc  king  is  considered  as 
pohlic,  and  the  mem- 
re  considered  as  united 
I  k«f  I  together,  t)y  a  polilital  union  with 
^   '~  1  with  iiiich  other, — IJis  life  cannut, 


A.  D,  1791, 


[10 


ijtryti 


i|i, 


lit^c  of  ih 
I  practices,  v 


iken 

ulV' 


Ijilc-. 


1   to  slop 

,...^...;v..vjr,  I  mean 

'.  wijo,  m  his**  Prin* 

liM   uoiiuestionably 


proved  himself,  by  his  writings,  as  great  a 
friend  to  the  liberty  of  tlie  subject,  a&  a  de- 
cided enemy  to  any  severe  system  o(  criminal 
jurisprudence;  and  who  observes,  tliat  the 
circumstance  of  a  sovereign  being  carncfl 
from  his  throne,  and  under  the  appearance  of  | 
a  mock  trial,  led  to  execution  by  his  subject*, 
was  (some  few  years  a^o>  without  a  narallcL 
We  live  at  an  hour  of  this  century,  when  his 
lordship's  remark  is  no  longer  accurate,  and 
when  that  circumstance  is  no  longer  pecuUar  i 
to  the  history  of  Rritam ;  when  drcadftd  ex- 
perience jusiifies  the  truth  of  Mr.  Justice 
Foster's  observation, — "  That  his  life  cannot 
be  taken,  in  the  ordinary  course  of  things, 
without  involving  a  whole  nation  in  blood 
and  confusion;  consequentl^v,  every  stroke 
levelled  at  his  person,  is,  in  tlic  ordinary 
course  of  things,  levelled  at  the  pubhc  Irari- 
quillity;  the  law  therefore  icndereth  fihe 
safety  of  the  king,  with  an  anxious,  and,  if  I 
may  use  the  exprcsstoo,  with  a  concern  bor- 
dering upon  jealousy :  it  considereth  the 
wicked  imaginations  of  the  heart,  in  the  same 
decree  of  guilt  as  if  carried  into  actual  exc» 
cutinn,  from  the  moment  measures  appear  to 
have  been  taken  to  render  them  etVectual ; 
and  therefore,  if  conspirators  meet,  and  con- 
sult how  to  kill  the  king,  though  tliey  du  not 
then  fall  upon  any  scheme  for  tint  pt»rpose, 
this  is  an  overt  act  of  compassing  his  deatli, 
and  so  are  all  means  made  use  of,  be  it  advice, 
persuasion,  or  command,  to  incite  or  en- 
courage others  to  commit  the  fact,  or  to  joia 
in  the  attempts ;  and  every  person  who  but 
assenlelh  to  any  overtures  for  tliut  purpose^ 
wdl  be  involved  in  the  same  guilL'* 

*•  And  if  a  person  be  once  present  at  a  con- 
sultation for   such  purpose,  and  conceal  it, 
having  had  a  previous  notice  of  the  design  of  i 
the  meeting,  this  is  an  evidence  pnjpcr  to  be  , 
let!  to  the  jury,  of  such  assent;   though  the  i 
party  say,  or  do  nothing,  at  such  consuUit-  { 
tion.    The  law  is  the  same,  if  he  is  present 
at  more  tlian  one  such  consultation,  and  dotb  i 
not  dissent  or  make  a  discovery.     But,  in  the 
case  of  once  falling  into  the  company  of  con- 
spirator-*,  if  the  party  met  them  accidenlallyy  ] 
or  upon  some  inditferent  occasion^  bare  con- 
ceahnent^  without  express  assent,  will  be  but  ' 
misprision  uf  treason.    The  law  was  formerly 
more  strict  in  this  respect;    'si  ad  tempus  j 

•  dissinmlaverit  vel  subticueril,  quasi  conscn- j 
'  tiens  et  asncnticns,    crit    seductor    domniij 

*  regis  manifestos/ 

He  then  goes  on  .— "  The  care  the  law  batlil 
taken  for  the  personal  safety  of  the  kin^,  isi 
not  con6ned  to  actions,  or  attempts  oitliel 
more  flagitious  kiad»  to  assassination*  or  poU  j 
son,  or  other  attempts,  directly  and  immcdi« 
atcly  aiming  at  his  lite;  it  is  c\"  .  '  '  fi> 
every  thing  wilfully  and  deliberal'  r 

attempted,  whereby  his  life  may   br  riim 
gcred  ;  and,  thcretorc,  the  entering  into  me 
siiTPs  lor  <i-iNi-irit'"  or  imprisoning  hira,  or 
gel  his  ["  liic  power  of  the  cons 

tors,— tliL  va  arc  overt  acts  of  * 


^-^ 


in 


•H  UEORCE  III. 


Trial  of  David  Dotsnie 


[13 


wUliiii  tlii«»  branch  of  the  $tat\jtc:  for  eKpe- 
ntnce  hath  shown,  thjit  between  the  prisons 
antl  the  graves  of  princes,  the  distance  is  very 

It  goes  on  :^^"  Ofienccs  which  are  not  so 

'personal  as  those  aJrcad.v  mentioned,  have 

I  .beeni  with  g;Tcat  propriety',  brought  within  the 

)  same  rule,  hs  having  a  lendenry,  though  not 

^fto  immediate,  to  the  same  fatal  end:  and, 

"  •refore»  the  entering  into  measures,  in  con- 

''cett  with  foreigners  and  others,  in  order  to  an 

invaskm  of  the  kingdom,  or  going  into  a 

foreign  country,    or  even   proposing  to   go 

thither,  to  that  end,  and  taking  any  steps  m 

order  thereto^ — these  offences  are  overt  acts 

of  compassing  the  kind's  death/' 

Gentlemen^  from  this  you  will  observe^ 
that  any  thing  which  has  a  tendency  to  touch 
the  life  or  the  safety  of  the  sovereign,  which 
I  In'  the  smallest  degree    may  in  its   conse* 
|4)uences  bring  it  into  hazard,  is,  upon  Ibe 
principle  of  the  quotation  I  first  set  out  with, 
most  justly  held,  and  always  has  been,  by 
every  court  of  law,  and  every  jury  that  tried 
the  question,  as  the  ofience  of  compassing  and 
\  imagming  the  deatti  of  the  king,  provid^  an 
I  overt  act,  or  facts  and  circumstances,  suf- 
ficient to  satisfy  your  own  consciences,  that 
atich  was  the  parlies  intention,  are  proved, 
and  which  oblige  you,  by  the  oath  you  have 
taken,  to  return  that  verdict  you  think  the 
evidence  compels  you  to  do. 

Gentlemen,  having  stated  this,  I  shali  beg 
'leave  to  trouble  you  with  only  anotlier 
<|tiolation  from  the  same  author,  which  is  pro- 
I  ,prr  to  be  attended  to,  as  peculiarly  applicable 
in  the  facts  I  have  afterwards  to  state,  and 
l-^hich,  I  believe,  will  be  made  out  to  you  by 
ncc.  Relative  to  the  second  bramch  of 
fttute^  and  the  manner  in  which  that  is 
d  to,  as  evidence  of  the  prisoner  being 
jtiilty,  under  the  first  branch  of  the  act  of 
:-fi»rhament,  the  actual  levying  of  war  against 
"Jie  king,  no  body  can  question,  is  hi  eh  irea- 
imfn%.  A  consultation  to  levy  war>  if  directly 
■  •against  the  person  of  the  kin^,  i^  evidence  of 
|-corn passing  or  imagining  bts  death,  even 
l^lhough  no  war  actually  follows;  and  Mr. 
I  jMstice  Foster  says, — **  Every  insurrection 
Which,  in  the  judgment  of  law,  is  intended 
[  Against  the  person  of  the  king,  be  it  to  de- 
ifllirorM  or  imprbon  him,  or  to  oblige  him  to 
iter  Lis  m€a«ures  of  government,  or  to  re- 
nov«  evil  oounicllors  from  about  him,  these 
sings  all  tjtjount  to  levymg  war,  within  the 
atute,  whetbrr  attendtd  with  the  pomp  and 
iimstances  of  open  war,  or  not ;  and  every 
enspiracy  to  levy  war  for  these  purposes, 
bough  not  treason  within 
Qg  war,  is  an  overt  net 
^  compa*^ng  the  aiu. 
purposes  cannot  be  eff* 
.  lad  open  force,  without  m 


•»  i«te  to  other 


having  Ihua  la^ 
Qlft  to  IDJ  mind  aa  itatum  the  law 


authorities,'*!  du  not,  upon  r  etui  lot  tiuo,  think 
it  necessary;  and  therefore  thall  proceed  to 
stale  those  Cacts  under  which,  if  in  the  sequel 
thty  shall  be  satiafactorilv  proved,  it  will  be 
my  duty  to  claim  your  Judgraeot  aguost  that 
man* 

Vou  are  all,  I  make  no  doubt,  acquainted, 
that  about  two  years  ago,  &  number  of  per- 
sons in  this  country*  formed  themselves  into 
associations,  or  clubs,  for  the  purpose,  as  it 
was  said,  of  obtaining  what  they  called  a  p*r- 
Hamentary  reform,  a  reform  of  which  you  will 
hear  more  in  the  sequel,  and  which  yuit  will 
see  proved  by  authentic  dcicuments  and 
papers  before  you,  whatever  the  original 
movers  of  tl)e  plan  intended,  or  whatever 
they  professed  to  intend,  to  have  been  no- 
thing else  but  a  scheme  to  subvert  the  pie- 
scnt  system  of  go\'ernment  in  this  oottEVtr^f* 
and  to  obtain  what  they  call  universal  uiU 
frage,  and  annual  parliaments,  without  which 
some  of  those  poor  deluded  people  have  been 
taught  to  think,  thev  have  not  been  free. 
They  applied,  as  they  had  a  right  to  apply,  by 
petition  to  parliament,  and  the  House  of  Com- 
mons, in  Its  wisdom,  and  to  its  etcmaJ 
honour,  acting  as  it  thought  best  for  the 
safety  of  the  country,  and  foreseeing  what 
was  couched  under  the  application,  rented 
tliese  petitions,  and  refiised  to  listen  to  them. 
Being  disappointed  in  this  measure,  it  ap- 
pears that  some  of  those  clubs  and  associai- 
tioDS  instantly  set  about  looking  out  for  other 
moana,  and  you  will  have,  as  early  as  the 
month  of  May  1T9J,  a  letter  from  a  club  in 
London,  called  the  London  Corre^^ponding 
Socr-^^-  -  rrerson  of  the  name  of  Skirving 
in  I  ■■■■,  who  was  secretary  1o  another 

chiti  ...  ,  ..«iui,  or  rather,  as  he  has  styleil 
himself,  secretary  to  a  convention  of  all  Ihm 
clubs  which  had  met  upon  that  subject,  ami^ 
which  bad  been  mdustriously  created  in  ' 
country,  in  every  comer  of  it.  In  that  leite  ^ 
which  will  be  proved  to  you,  Mr*  Hardy,*  the 
secretary,  states  to  Mr.  Skirting,  as  the 
Uqpse  of  Commons  have  rejected  their  nets- 
tion,  it  is  now  lime,  or  proper  to  thijak  of 
more  effectual  measures;  and  he  desires 
know  from  Mr.  Skirvmg,  and  hw  friends 
this  country,  what  these  more  effectual  i 
sures  arc. 

Mr,  Skirving  in  another  letter  which  will  1 
proved  to  you,  soon  after  answers  Mr,  1  lardy f 
letter?  I  shalJ  not  at  present  read  that  letter;  i 
wtll  bf  sv  id  TO  yon;  but,  lam  col 

V  i  need ,  y  .  k  w  h'-n  that*|iaperts  laid  I 

toreyoti,  ih^t  j^i  though  the  wmer  of  It  did  t 
at  that  time  ima^oe  it  rver  was  to  befVodlK 
:  to  th«  ei»),  r*«ii 
itaout  aschaonet  < 

had  001  oteioed  hy  avplicatkso,  wad  i 
'^^n^itioa  aa  esaablkb  » luiid  of  j 
iitir««ii,  ttt  tfai>oowitty^i 
mkht  have  the  «fim  of 


Ibe^ 


■f  f*» 


m 


Jar  High  Trtatov, 


A.  D.  179*. 


ill 


fatvt  ifid  vtokufTc,  wliat  liiev  had  been  re* 
iobieA  m  a  leg»l  conslitutioDaf  way  by  (lurlia' 

jG<atIemgn.  wc  will  also  Uy  before  you  in 
tfiiwKt^  ^   '  '    'in  Mr.  Hardy  to  Mr. 

JikirriB^  c*  Ler  1703*  a  few  weeks 

|it<idifigt:  "^ '      ^  V  t  which  took 

rill  our  rmblage  o^a 

tC4Qv^ .  - I  '">  as  the 

DlAtime  budj,  not  on  I  iud^  but 

r  tlicitJsaiids  io  Engln  ,  :  :  u^iuming 
■  the  power^  and  statmg  that  it  would 
_|lbe  jiwreeding*  of  that  legislature, 
I  it  mwb  its  object  ijid  purpose  to  dci»lroy ; 
ind  which  went  the  len^h^  at  last,  of  voting, 
at  Dooii-dMy,  s  detenu  mat  ion  not  only  to 
wittll  the  cnjcaedings  of  the  puriiameut,  but 
if  Ul*  fMtiii  '  '  do  any  one  of  a 

«Vie|jr  of  »'  had  the  audartty 

l#MrlkttULr  *       biy  resist  its 

mmim^y^  t;  t  by  superior 

I  tb*^'  j.^.iL   ,  '^*"^T1 to 

the    London  ^  v, 

totber  stjniiar  !i5soli_.  ..„,    ,.:.:  ......  ^,..w^, 

mm^M  te  «4  ta  appoint  a  secret  cuuitnittce, 
Sm  tlie  pttffoei^,  in  any  of  the  specified  ra5es, 
•fcri]fal§  iof^ether  a  convention  of  emergency 
ataflboc  tliay  kejil  j^rret,  where  the  ring- 
littlin  of  Ibat  cont^piracy  evidently,  at  that 
DHBBiit.  Ihou^ht  lliey  nhould  be  able  to  a^- 
m  a  rallying  (Hiint,  in  some  corner  of 
iliy,  Mch  a  force  as  woidd  enable  them 
\  tut  ataodard  of  reheUiun  against  the 
and  legal  authorities  of  the 

you   know,  and  we  all  of  ua 
,     -_  J  Uit  ubhged  by  our  duty  to  attend 
t |ir»c>ed4ii§a  ol  these  men,  and  who  will 
by  every  meana  in  our  power,  to 
Ufefin  tola  Utetr  most  secret  recesses^ 
►  the-  ffejnotir  of  him  who  is  %our  chief 
ma^tita'  tint  into  the  miast  of  that 

MMlIb  ilutnniaied  a^  he  may  have 

ha  li.v  <jf  [nagiitenal  authoi'ily,  by 

litt  fifi:  tttaofi  and  its  adherents,-!. 

lui^  aiijgil  II  one  end  to  the 

r*  firrfl  lawaii  :  gratitude,  which 

^for«etiitK.  a  ^    in  dispersing 

i><«iiriiilioii»  ui^  p:  It  again  pre- 

iSMfmijJe  wilL.. -,  .iiy. 

I  you  ail  reeoileetp  prosecutions 
III ag&ioat  tlioee  persons. li^f^re  the 
_<if  8c»lJa.nd»  lor  thi  cy  had 

^      it  the  law  *  id,  and 

i  ^  lum,  t^ie  nngieadi  f  s  vt   that  con- 
Ihut  ptfni?hrnrrit  which  the 
^  Sotill-  t  persons  so 

ifcwliaj^  /  r  ima^rjned, 

•  IImi '  foun^^  and   ' 

jUifgWi HywmcliflMcd  ai  uk^^.,  w^...i.  ^  ^...^ 
■M«  btn  iMMii  sftta  tttlcfliftiog  to  have 
iwiiltiid  ma  dtmm^  for  which  lonie  of  th^^ir 
OauyOKB  hfid  ao  receutlv  ^tiikirJ;  but  f 
Ml  fwrt*   t£9  you,   gciiiituicu,  tiiai  tin^ 


prisoner  at  your  bar  waa  m  member  of  that 
ronvciition. 

i*risimer, — I  was  called  as  a  witness  upon 
Skirving's  trial/  to  give  tcsliinony  lo  the 
crown. 

Lord  Advocate*^My  Lord,  I  must  prove 
liic  existence  of  a  conspiracy.  I  am  entJtled 
to  prove  Uial  this  man,  after  the  trial  (I  am 
not  trymg  him  for  any  thing  committed  be- 
fore), that  ht%  being  a  member  of  the  British 
Conventiiin,  did  persevere  in  that  course,  and 
continued  to  act  precisely  as  he  had  done 
before. 

Prisoner.— -My  lord  justice  Cicrk,  is  not 
this  pr^udicing  the  jury  against  nie  ?  Having 
given  evidence"  upon  Skirvmg^s  trial,  nothing 
of  that  convention  can  aftect  me. 

L^rd  Fretidcnt. — ^The  lord  advocate  says, 
he  does  not  mean  to  charge  you  with  any 
thing  prior  to  that  trial,  but  to  charge  you 
^'ith  duing  things  after  that  lime;  and  he  is 
enlitled  to  open  bischarge ;  that  will  not,  and 
ought  not  to  prejudice  the  minds  of  the  jury. 
The  jury  know,  though  they  must  have  a 
charge  opened,  they  are  not  to  proceed  upon 
any  charge  or  alh-gation  whatever,  on  either 
side,  till  proof  ii»  brought  forward  ;  and  they 
cannot  believe  any  thing  heard,  without  or 
withindoors,  except  what  is  established  l>y 
l*roof ;  that  every  gentleman  there  knows. 

Lord  Advocate, — I  cannot,  as  I  am  entitled 
to  do,  accuse  tliisman  of  continuing,  and  pur- 
suing criminal  measures,  unless  f  state  the 
measure  in  which  he  has  continued.  It  is 
impossible  I  can  prove  to  the  jury,  or  accuse 
him  of  continuing  in  a  course  of  illegal  I  mea- 
sures, unless  I  Slate  also  what  the  criminal 
measure  is  that  he  bus  persevered  in ;  at  the 
same  tmie,  if  your  lordships  be  of  opmion  I 
am  stilting  what  I  have  no  right,  or  am  not 
bound  m  duty  to  state  against  the  prisoner. 
I  am  far  from  wishing  to  stale  what  can  cri- 
minate him,  beyond  what  X  feel  my  duty 
to  do. 

Lord  Pretideni, — The  counsel  for  the  pri- 
soner must  he  clear  the  lord  advocate  is  gomg 
on  only  with  what  is  proper. 

Mr,  Culkn. — I'he  lord  advocate  is  only 
stating  what  happened  afterwards. 

Lord  JdtHKsie, — I  am  only  stating  what 
happened  iilWwards. 

Air.  AnUruther.^^lfihe  lorcj  advocate  states 
wliat  is  not  evidence,  the  counsel  w^ill  object 
to  the  admissibility  of  it ;  then  will  be  the 
lime  for  the  objection. 

Lord  Advocate. — AAerthe  dispersion  of  the 
British  convention,  a  number  of  persons,  who 
were  delegates  to  that  convention,  formed  a 
new  society  in  this  city,  of  which  society  this 
person  was  one,  did  continue  to  assemble  in 
♦*--  societies,  and  persevered  m  the  same  ' 
res  whicl»  was  the  object  of  the  British 

...  iiuon  to  obtain,  and  the  nature  of  which 
i  menlioiKd.  ikuig  pruhibitcd  and  prevented 
from  asscmbinig  In  the  same  mode  which 


l:.l 


MKSKOlUSi:  111. 


Trial  of  David  Dovonie 


[16 


lliiiV  Imd  Ibrnirrly  mlnplril,  tlu\v  PMlablishctl, 
111  llir  iiioiitli  ot'Jaiiiiury  IunI,  what  thev  ral- 
Ictlu  KriiiTuI  roiiiinittrr,   and  which  at\er- 
waitKuhlaiiUHl  ainoiii*  ihriiisrlvc!!  the  appcUa- 
liiiii  ut  a  roiiiiiiiltfi'  oM-iiiuii,  cuiiMstiu^  of  a 
imiiihrr  ol'  tlt'lrgatCH  chosen  hy  rarh  chib, 
inlu  whuh  tht'V   hati   pIcaMMl   to  divide  and 
hulKlividr   thiMU»c*lv«^!i,  in  Ihist  city  and  the 
lu-iKhlHiurhtKHl.  L  will  prow  they  wf  re  the 
Mine  |H*iaon^  and  tlie  most  active  among  the 
nicinliers  ol  tlie   Uriti^h  convention,  w)H>m 
the  juMice  of'  the  country  iHTinilted  to  re- 
inuui  in  it  at\cr  the  tii^d  and  mnitshment  of 
the  piinci|mt  actors.     L   >hall  snow  the  mea- 
^urv^  they  inirsiied   in  that  lonuniUec  were 
|vitx'ively*  tiie  same,    with  this  ai:i^ravation. 
that  \ou  find  them  gradually  p^Ket^lin^  fr\>m 
U'Mk  to  more,  until  they  altaimM  that  decree  ; 
of  criminahtv  which  U\l  to  a  disciwery    of ! 
ilHTir  proceedings,  andchivkcd  them  in  their  \ 
pio^ivss.     \ou>i^iU  find  It  proxei),  that,  after  > 
Mtint;(  a  ivrtaui  (ktuvI,  and  meetiu::  reiiuUrU-  , 
and  prvn:ivssi\elvt  fr\nutinie  to  tunc,  they  at  , 
l^t  Mil'divuKxl tlieniselvesiiito an  inferior  and 
Niib%»rdiiu(e  ivmmittct'.  to  ^hich  they  pive 
the  apivlUtKHi  of  a  Sib^  wmnr.tiee.  or  a  vVin-  . 
luitliv  of  \\;i^s  aihI  Means     that  this  i oni- 
on (Uv.  Ill  it>  Kviivatxui,  aiui  ::i  Us  striK-ronr. 
ik-atlx  vkiii  deiX'te  tw>>v*;i,  irat  tlnry  were  ex>- 
i;a^v\l  III  a  iWhlvrate,  ir^itUr.  and  >\su'u:auc 
Vlan,  to  subject  ihe  c^'\iTwmer.t  of  tJL^e  cx'civ 
li\     ihai  thu»  cviiuur.tee  tuul  ab^»lutc.  ui>- 
«\'A\V.vIuiVIe  aucl  KCii'V»^te  ^x-'wtr*  to  c.*L:e\'t 
^vlS\•^»  aud  :o  iii'«'f^»*e  or  •.^-l;  r.xvv>  »:i  wuicci 
W4\  •.*>:>   v^^AxxT,  jkitec   Ntilij:  j-.'^ecied.  iv: 
•tv*,*t  lix:>  s.*nj»  a'vtv,  I'u:  fr^'in  e\^ry   vjlt:  of 
S.V! .;i'A.^  w Sr :v  t.vx  wvclvi  e 6x V-a*  >    h.^ av : 
i>.v  A-0.  ci  vivtf  :r.«cc>    :juh  i.:Je  ^\vj:u::t^w 
w*>  Sv-  Jis.jcxr  c«  '.-"^f  uicix-x  :  J  Lie  ^a^   3^.>l 

U-:>.-C  '.  MS  •jt;».i!«:y    rr\  :•:!  t-V*>e   ■-■erv.-i;'*   -.>:;. 

.:  ^A'^  ,*..>«.■.•  .iviHix'i.x:  :•.'  -c  y,  -  •.'»_•  :,*  : ".e 
r\':ci  »••  iJc  '^  .V  o.  >A..^  ..i.  ^.x"  *jc  :tf»:i: 
i  j^.>»vi  a  v.",  xx  Jw:>e  :  V  •  -j-f^i  L-ci  >:;a:c  ^  2.1". 
1,'v  V.C  .•j.>4.*  *  Ls^  xr  ».:.».*  '..v  \ix;x*   >»a> 

;  ::..>i  ..*-,^»  >«:  *ti.v  .■.•  \'.x.  :.m:  :  r:>  "rra:: 
^jjk  a  -lit  :  -x-  ,'.'  :..'.i'- -s-A .■j:— .iiv  I'-'-'-v  ,>-•-'- 
•ri  :'.*x-»     .  •.    «.•-    ^    V.  ..•.!.•:.  ."•.v    :i    *»^  *.  >     **:'! 

.'V  .Mi:  ■■».■..•.. I  :i  x-ii.'.  .■  *v  ■?»i.%Jii.«."^  ^1  :•. 
*>{■.:■%.•  .'. »:  -.■.  «. .:.  *. -t*-* ■»!:■■;•  ...*.  u  *«.• 
avi«.v-* '->  •  ■•-    •'*•*  ^*''^  :  fi      .'      -ic    -.in.«.  I. 

JlVUC)     .1        a4.iJ.^'-        -.<.       i^^t'l.  "i".'^     »^       ■-'». 

^■jiiOv-Ui":'  J,    "  (••.■-OS.;* -.1.    •      ■.\\      •.\,Ax<.K'  .• 

).A%/  .•V'"H.U>  .1.1.  -tl;  -^  >  .»»  .:«.  .'LJ^C 
M>;\%.X>«lli;^-^        St     U^       •^.•Il.-i.i.'*        "iiu:      i't - 

Miuu  auu  jU|iMii4i«:<t<u  u  'aua»  .^juui;^.  sic 


conduct  of  the  supreme  criminal  court,  in 
having  presiimc<l  but  to  do  its  duty,  by  apply- 
ing tlic  established  law  of  Scotland  to  those 
persons  convicted  before  it,  by  an  impartial 
and  intclli^nt  jury.  They  ordered  100,000  co- 
pies of  an  inflammatory  address  to  be  dispers- 
eil  all  over,  and  in  every  comer  of  this  island, 
for  what  purpose  it  is  ror  you  to  determine ; 
Willi  what  attention  it  is  your  province  to 
consider :  thev  even,  with  a  trivial  excep- 
tion, went  the  length  of  voting,  in  that  society 
the  very  resolution  for  which  the  British  con- 
vention had  been  stopt  in  Edinburgh :  for 
which  Margarot  was  then  hing  convicted  in 
gaol :  for  which  the  jury  of  Scotland  had 
lound  it  their  duty  to  convict  and  punish  him. 
lientlemen,  they  also  went  the  length  of 
slating,  by  a  paper  which  will  also  l>e  laid 
befoir  you,  that  now  they  were  to  expect  no 
redrcs/,  unless  from  laws  of  their  own  making, 
not  from  the  laws  oftheir  oppressors  and  plui'i- 
derer*  :  an  expression  which  I  defy  the  most 
lenient  interpretation  to  construe  in  any  other 
9eus«\  when  connectetl  with  tho«e  circum- 
sroiH-es  I  have  already  stated,  than  a  deep 
and  d\ed  decenni nation  in  their  nuad«,  t<^ 
re*  St  the  laws  aiid  the  le«isiaiare  cf  their 
iMintry.  and  to  e*tabli*h  by  rorce  a  sovem- 
nier.t  l\\  themselves.  If  I  went  no  fanner 
:.va:i  th:««  I  sr-cuio  be  entitleti  to  say.  thai  I 
.•-aJ  preyed  tiie  nidu'tment  ocoin^t  th..«  ccn- 
vc::*e>:  :u  :: ;  f^  r  •.:  they  <u«.-v*e«cei:  m  estab- 
lis.  ::u  ar-.y  cccstitut-oi:  one  auii:cr.:y.  wai^h 
tiu-lJv  ir.vT^  t>>  e::.u:  an.:  rr.pc-w  L3*irc-wTi 
Li-><  t.-c  ":-f.i.<.:e  vV^li  i:-C   cM*u  ^iL^-rut 

ro.-..  ir.:  a*  re    >  ii:  i^-i^c^jal  ror^  ^-:.t.  :k 

:V ..'.•* s  ^- :' .vcrssT.  '.ZJi'^  :"  •:■-' c^ ..-.■::;  izc  .-: c- 

•- U' wvrj*  . :  :::.?    oer 


^' 


J^"C  Mil  ^L'i-UC.>   •* 

^;  .M.-jj  ••01: 


Ci:;.   i.'-"u   i7-.-    •    ■•»    .^i^toU.?««<^:;  i."'" 
Lvxrs»i  :■,*  c<  'JUiie.   ;  -«•::-•'  iJ»ivi.:^  ->  ztir- 

54..-.-  -'r*.»ijv.?*.-;  :•  •-":«: ':^«  tz'twi*:*!  is  .«>  ^-;l-  - 
-•..r.  -..x*  ji;>«'i;u.:  -•    *-.>;   c;rc   iiju  '::i:    itf- 

:r»-»L::  cr  "-.it.-  -^a'ui^  1  "aje  '!«4;e»i.     "^  ,ij  w. 
:»:'■:    c   .»r.' •',-:.   -ra".    i>    -nr   -iim*  lu^  iiScwi, 
»:«.      i'^rw  HvP"   tuCaa.-.i;u>   UM  ^tii.      Oil  *r:r* 

aB«inOiC'«  ih   ^'iroiK  r  i*-it,    .1  "iiK  jxiictcvur- 

^\.\.'\l  Jk  .wtMOlt*  un:  •-.itiM  "VSJiLCOUss.  TMT^f 
?j^'i;iAi>  -da*i  •as'  v-fm.'*^**  ioiitr  u  :s%:  ..'.iroe 
a  \^*i.   iau,   i*«t-    ua^.^.-iti;    av   .vuuiivT   j, 

.•.-^MtM  '%f  aiAv  Mfetf>  M-  .^tiu^  ufuoirr  "5lri:>4j 
.*JU«*«:tic*uii.  «iXit.j.^H.^*^  j«.«iniiisanik^  i  -*:«> 
use  ^k:  «««t  attOK-   <.*iiu  ^  osQctROa^.    uiti  :i)e 


If] 


J&r  High  Treason* 


A,D.  1794. 


[18 


brcMi 
I  «f  It 


■\ic  document5| 
idence  of  wit- 
Luridun,  that  200*000 
mutory  r^'Si)lullon&  were 
by  tiii>  nujfiniju^  i*nii  UaHijeroti^  iiH'ct- 
ta^  aioid  ctrciiJar  letters,  U  will  be  proved, 
ii|ped  by  H  -^ '-  '*if?  atcrclary  of  that  so 
defy,  urcrt  !>  be  sent  V>  :il)  i^iurls  of 

GreftI  Br  I  pjiqtnsr  t)i  ij^^cmbUng, 

tkitl  ci'  ^    '.■.■. II   ]M.p.r..,  !•'■.  ii  several 

s'riiL  lu  i.iiiirrijnt  places 
ti^  ami  I  hat  answers^  were  sen  I  io- 
)  iftceedin^  to  ihe  proposal  of  choosing 
^■te  for  tht^  convention «  who  was  to  be 
pndy  t*?  *^t  out,  51  •*  soon  Jts  notice  W4s  given 
t    '  '  ,  of  the  lime  and  place  of 

r  Leh  were  kept  secret  with 

itur  nn^ic^'iers,  im  liie  moment  drrivcd  when 
itiboukl  b<  Juii*;ed  proper  to  commuiticate  it. 
Gctttienien,  I   shall   prove  to  yuu^  llmt  the 
^  the   bar  W4S  a  member  oi  the 


midier 


r,.i 


tift>e 

t 


and  of  Ways  and 
u  this  city  at  that 
,  Hi  at  a  meeting  of 
vviitTc  one  uf  tliobe  letters 
liiid  before  them.  I  shall 
pfv»ii  lii  >  wu  wiuu  p4ssed  at  that  meetmg ;  I 
diail  prove  to  you,  tkiut  ;iii  answer  w^is  agreed 
li»beg^vco.  1  &tmll  prove  to  yon  that  that 
WAft  *eut  by  a  person  oi  the  name  of 
wbo  '   iKi  be  found,  but  who  is  a 

t>i'  I  iitttee;  ami  that  a  cor- 

Icoct   x^A>   ij  uke  place,  and  continne 
Mr.  llinly  and  the  person  that  was 
«clU*«  in  lht*»  committee,  of  which  the 
HM  one  cf  the  members ;    tikewise, 
lhi>  tnt)e.  in  the  month  of  Aprils 
lii  iysi  and  Means  began  to 

_  measures,  in  proseciiiioo 

^ihat  traiiorouis  nitempt,  which  had  all  along 
dcsjjy  been  liair  object;    for^  having  eiita- 
'  Uicoi«clvc*i  in  the  manner  I  have  jysl 
Mv  i4Jiied«  about  this  period,  Ihey  went  ihe 
11^,  in  the  hrst  place,  to 
in    this    country,    to 
'obedience,  and  re- 
i^  It  was  accessary 
^.,LJo  over  to  their  side, 
cm  to  sedition,  which 
.i  would  tend  to  that  end; 
while  a  reiiimenl  of  f-euci- 
r  il  iit   Dalkeith,  and  were 
\  whither  Ihey  had  vo- 
.1,  they  were  attempted 
\  mAoctd  iv  rcm^  to  go,  and  rebel  against 
ol6eiers  hv  »   pii}»<T  addreiised   to  the  i 
Mjsed  in  that  Com-  \ 
%  and  which  was  i 
ler  in  that  com    ' 
lis  prisoner  at  the 
..  ,i  person  wiio  in- 
con  veyrd  it  to  certain 
•  cut,  ukiiuii 'h,  to  the 
I  faded 
lid  it  is 
las  mun 
,  d^  trea- 


surer of  that  Committee  of  Wavs  and  Means,  ^ 
and  for  the  purpose  which  I  tornierly  staled  J 
to  you,  and  as  he  had  received  that  moneys  j 
he  actually  applied  it  lo  the  real  and  true|1 
not  to  the  pretended  purposes  for  which  it  1 
was  collected ;  and  I  will  prove  to  yon,  whati 
must  have  been  the  great  cause  for  which  { 
this  money  was  so  soliciled,  paid,  and  so  re^  j 
I  ceived  by  Mr.   Downic,  and  thut  applied  to  i 

!no  other  purpose,  can  leave  no  man's  mind  ^ 
to  doubt  it  was  as  direct  a  conspiracy  and  re* 
bellion  again?*!  the  king  and  tiie  governmenfc  ] 
of  this  country,  as  any  whirh  occurred  in  I 
I  1715  or  1745  :  tor  I  will  prove  at  one  of  thesaui 
meetings  of  the   Committee  of    Ways  ancij 
Means,  a  person,  bein^  one  of  the  five  who  f 
composed  it,  Mr.  Downie  being  one  of  tliem, 
did  propose  and  read  from  a  paper,  a  scheme,'  \ 
which  was  actually  a  plan  to  raise  an  insur- 
rection, in  llie  dcHiJ  td  the  night,  in  the  mid- 
dle of  this  city,  which  bad  for  its  object  the 
arresting  the  persons  of  your  first  magistrate^  i 
the  judges  of  the  high  court  of  justiciary,  and 
the  principal  oHicers  of  justice  ;    the  seizure 
of  the  Castle  of  Edinburgh,  the  banks,  and;^ 
public  ofBces ;  a  scheme,  in  short,  of  a  regnlar  J 
conspiracy   against  the    government  of   the  r 
country.     Five  were  present  ;—tlie  proposer- 
of  the  plan  was  one ; — of  the  other  four,  two, 
struck  with  horror  at  the  proposition,  signified 
their    disapprobation;     tlie  remaining  two,, 
being  the  prisoner  at  the  bar,  and  Mr.  Stocky 
who  were  present  in  that  meeting,  not  acci- 
dentally, or  upon  an  indificrent  occasion,  but 
clearly,  with  a   deliberate  and    treasonable 
purpose,  not  only  did  not  dissent,  as  the  other 
two  had  done,  but  proved,  by  their  conduct^ 
their  couiplele  approbation  of  it.  . 

I  shall  prove  to  you,  that  the  prisoner  af-^ 
terwards  met,  in  that  same  committee,  with 
those  same  pcrsuns  ii'i*J  alter  the  breaking 
up  of  the  committee,  at  one  ol"  these  meetings, 
concurred  in  sending  a  person  to  the  west  of 
Scotland,  to  sound  the  dispositions  of  the  dit* 
lerenl  towns,  to  which  he  was  sent,  as  an 
ambassador,  and  to  cqiimiuntcate  to  them  the 
plans  and  schenif ,  formed  by  this  Committee 
of  Ways  and  Mean^;  and  tiiai  man  was  fur- 
nished with  money  for  that  purpose,  by  Mr. 
Downie,  the  pri^oner  t  tliat  ive  returned  a 
faithful  account  of  his  misNion  :  and  that, 
when  he  reported  to  the  committee  the  result 
of  his  inr^uiriei>,  the  prison^^r  Downie  was  pre- 
sent. I  shall  prove  that  rejiort  to  be  the 
hand-writing  of  that  per>^on,  upon  reading 
which,  you  can  form  but  one  opinion,  that 
no  person  who,  acting  in  tliat  tominitlce, 
heard  that  paper  lead,  can  be  doubted,  the 
moujent  he  heard  it  read,  as  agreeing  to  the 
scheme  which  had  formerly  been  p^i^|^o<ied, 
as  much  as  if  he  had  proposed  it.  I  shall 
prove  to  you,  that  arms,  of  a  very  dangerous 
and  particular  structure,  were  ordered  by  the 
person  wim  madti  tlie  proposition  which  I 
have  just  now  stated:  that  he,  and  the  pri- 
soner at  the  bar,  employed  two  smiths,  whom 
thvY  iubtiucted  to  make  the  mi  in  a  private 

C 


10]  34  GEORGE  Ifl. 

^anil  concejiled  way  :  that  on©  of  ihem^  bring* 

'ag  lo  Ihc  other  person  some  of  the  pikebi  | 
[fpears^  ant)  battle  •axes  he  hud  made,  waj» 
on  applying  fur  puyniciit,    seut    to    Mr, 
5ownie,  and  received  the  payment  accord* 
nsly.     I  shall  prove  thut  this  city,  divided 
IWforo  into  c)uh^  ami  &QiimUt%  w&s  again  »ub- 
Idivided  by  this  rommitlee,  into  smaller  di- 
IvisiDns,  of  10^  15|Or  90  pt^r^ons  each,  under  j 
[the  command  of  the  collectors,  ^^'hom   the  ' 
leommittcc    named,    by  wliose   orders  they  ] 
ctad,  and  who  were  in  this  way  to  draw  out  | 
|tbc  people,  after  they   bad   l>een    properly  1 
rmed,  in  a  moment^  so  as  to  act  with  unaiii-  { 
ai^,  force,  and  vigour,  in  pursuance  of  the 
as  soon  as  it  was  ripe  tu  be  carried 
rtflcecution.     If  I  succeed  in  proving  all 
bisy  yoti  mayjnd^e  otherwise  ;  but  itappe^irs 
[to  me,  even  if  yon  m  ore  lo  diHer  from  me 
rith  respect  to  the  first  part  ot  the  case  sub- 
Lsiitted  to  your  tonsidumtion,  regarding  his 
cc«<;8ion  to  the  plan  of  caUm';  -  *'  --  coji- 
f'veniion,  thai  was  lo  subvert  lli  cnt, 

And  endanger  the  person  of  mu    „   v. .  ._,ii ;  — 
yet,  if  I  firove  ihfl  pre|>anntr  the  arms,  and  aH 
tlic  cLrci*m«itancc'»  f  have  jii,^t  now  dHailed, 
you  cannot  have  a  doubt,  uyon  the  authorily 
of  Mr.  Justice  Foster,  in   neing  of  opinion, 
fthat  this  [nan    has    consulted  to  levy  war 
l«nd  rebellion  againi^t  the  kingand  govemnrient 
Hf  the  country,  lor  the  pf»rp<iWof  malting  his 
najc«ly  alter  hiA  measures^  oJ  goveraoietit, 
find  the  conistitution  of  the  km^om. 

I  forgot  to  state  one  matcrMlctrcuniistance, 

Fwhich  J   shiill  albo  hrinsj  tjome  to  Mr.  tkiw- 

(uie,  beyond  the  pos^iibility  of  dispyte,  that 

"  the  above-mentioned  plan  wa**  carried 

I  excculion,  Ih*^  committee  were  to  i^sue 

elaniation,  orderini;  all  farmers,  and  the 

pople  pQ5«iC5sed  of  victuals,  hav,  corn,  and 

^HiPtil,  to  brine  them  in,  for  the  purpci^eof 

being  disposed  of  to  the  public  advantage. 

Tltiit    the    country  gentlemen  were  not  to 

leave  their  habitations  under  pain  of  death,  or 

go  more  than  three  miles  diRtanl  from  home ; 

and  ibey  were  to  send  a  proclamation  to  the 

Iking,  slating,  that  if  he  did  not  ^ive  up  the 

I  war  we  are  now  engaged  in  with  France,  and 

l^ibmi^s  his  present  ministers,  he  must  cither 

\xd  by  the  consequences,  or  the  peril  of  his 

al  would  lie  with  himself.    If  1  prove 

case,  I  leave  ii  lo  your  cansidfration 

rhat  the  result  ol  your  opinions  must  be,  and 

Iwhal  the  verdict,  which,  under  your  oalha 

lyo^t  must  gi.  1',  lookin*  to  the  saiety  of  your 

[country  on  the  one  Imna,  to  llie  just  security 

(of  your  fellow*5ul>jt!ctft   on  the  other,  ami 

kecpinf*  in  view,  as  I  know  you  will  do,  the 

'p'     '       *  '      '  tlrs  csscitliiil  to  Ihc  equal 

.i,.-  —  Uc  pr*  '.    '  '-  T^foducc  all 

ho  papers  at  once,  to  '  i  u<t»ise3  to 

ve  them,  and  ihco  rcail ^t4hcr. 

£viD£»Cli   rOR   TifJi  CftOWf^, 

If.  WUHmrn  Sci^t  (ppicumior  im*jd)   aworn. 

Mr*  Amtfwiker, — What  Are  those  paper.*, 

^l*-*TUey  an;  part  oJ  the  papers  itiut 


Trial  of  David  Dtmnic 


[SO 


^OUflH 

ihini"" 


were  foimd  in  the  possissbton  uf  Mr.  Skirving. 

Look  at  them,  ami  tell  me  whether  any  of 
them  arc  Skirving'*  hand^writing   [Showing 

him  one.]    Is  that  Mr.  Skirving's  hand-writr - 

in^f— This  letter  has  the  subscription  of  Ma^H 
Skirvinct.  ^^^H 

It  is  bis  hand-writing? — ^Th-      '        ption  tf^^ 
his  hand-writing  ;  I  have  sei  i  ik\ 

What  arc  lirese  other  p^fit*  -  .  ia^  is  a 
scroll  copy  of  the  minutes  of  the  British  Con* 
venlion,*  found  on  the  5th  of  December,  in 
consequence  of  a  search,  by  virtue  of  a  war* 
rant  from  the  Sheriff.  This  was  also  found  at 
tile  same  time.  They  were  all  found  In  bkir- 
ving's  pos-iessioii. 

All  those  papers?— AH  tbo.*c  papers. 

The    Priaontr    said,    he    hoptxl  the  C 
woiikl  consider  he  hid  been  promised,  noth 
that  passed  upon  examination  us  a  witnei>S: 
should  be  pivLH  in  <      '  L^arnsl  him. 

Mr.  C«//«n  — In  e  of  what  you 

b*ve  jufel  now  heuivi  nun.  t.ic  prisoner  al  Ihc 
bar,  I  conceive  it  to  be»roy  duty  lo  call  the  at* 
lenti^t  of  the  (rourt  to  the  circumstances  h€ 
has  suggested.  I  am  nut  perfectly  sure  if  I 
fully  uliiit^rstand  the  indictment,  fuV  i I  is  in  a 
form  I  am  little  acquamlcd  with.  In  so  far 
as  I  am  able  to  come  at  its  nuanin!|,  « midst 
th^  multiplicity  of  word**  in  which  it  is  in- 
volved, it  seems  to  me  lo  criminate  the  priso- 
ner for  hjving  been  a  member  of  th©  li-itish 
Conventwn  which  met  at  Kdinburgh,  in  De- 
cember last ;  and  in  being;  busy  to  procure  an- 
other Convention  which  never  did  meet,  but 
which,  it  is  said,  would  h»ve  been  actuated  by 
principles  of  a  similar  kind. 

If,  however,  there  be  any  crimi"^*lt^v'  in- 
tended  to  be  fi^ed  on  Mr,  Downir, 
been  a  member,  or  concerned  in 
Convention,  I  submit  lo  your  lord^hi|>9,  th 
it  is  not  eompclcnt  for  the  prosecutor  lo  bri 
in  evidence  any  facts  in  onler  to  attach  gurf 
to  tlie  prisoner  on  that  account.     In  the  pro* 
secution  last  winlcf  ngaiiiist  Margarut,  Oerrald, 
ami  others,  for  >>eiug  concerned  in  that  Con- 
vention, the  1    '  '  '  ^       1 1  IVIr. 
Uownicasa^'  -  s^ivt' 
a  fair  and  tiill  i^,  i  rri.t        ,,.v,    i   .  ^iiceive, 
that  by   Ibc  law  r>f  ihi»  cotintry,  no  person, 

adduced   in    Sll'^b    (  Jrrtmt^liiH  r  s  A*s    A  vvitni-ss, 

can,  after  hav  r  v 

heldliabfetol-  ,  i  ; 

been  concerned  m  that  alleged  cruiHmil  »»rt\ 
The  very  brinj^in:^  him  us  a  witnc^*;^  entitles 
him  to  1  d  against  any  ;  i^ 

on  that  .  i^or  vim  any  m  -, 

tending  to  5hu\v  i\\<  r  lUai  yon* 

vention,  or  of  hish  <  mcd  in  it, 

be  ...\.    -    '  -    -.^   '    :     [ 

broi  1 1 

for  '  -^  i'iy 

so  *<i   1  to  be 

90clcj.ii,  ....,...,      -    --,-,:..,.,  1  hiiiiH 


•  See  the  : 
tioti  i^refiwzd  l- 


M 

.H?^ 


fit  High  Treason, 
that  the  eviUcDoc  now  ofitred  can* 

k, — When  Dowiiie  \vas  ciamiii«d 
tsvi  thut  ocrasion,  he  receive<J  ihc 
(he  Cotirt,  that 
liung  li  c  should  mill- 

\^i  inn  uik  any  niLurtr  OCCastODp  OO 
ice  whaUvcr. 
JMru/Acr.— It  the  counsel  for  Downie 
•id  Uie  MMjiclmenl  with  can?,  Ihry 
bftf€  seen,  that  he  is  nut  iti  liiat  mdicl^ 
cbftfged  with  b^ing  a  cnerubcr  of  that 
C«orimtk>ii,  or  any  convention;  I  am  nciU^tr 
acctiiiog  him  of  th«t,  nor  tr)  uij^  liirn  for  it.  J 
jBifltf3aa$iog  him  of  {.ndeavouring  to  procurCj 
ealcmg  into  measures  to  procure  ft  conven- 
jM^  W  meet  at  a  fuiure  period^  and  of  excit- 
iof  tlie  whjects  of  his  majesty  to  &end  dele- 
gitaa  to  laacli  conrexvlion,  not  a  past  convcn- 
tlOBf  bm  m  fiilure  convenlion  ;  therefore  there 
ii  ftoiiitilg  in  this  indictment  n-hich  affert^i 
Do^nte  •!  all,  or  attenijits  to  affccl  him,  on  the 
MQiv  of  the  old  conveiitron— I  meati  that 
«&tcli  met  in  December ;  but  I  will  be  candid 
to  SAV,  that  I  dg  mean  to  give  in 
ic€  t!i^  iitlHof  the  British  Convention; 
tfj  e  for  any  thing  he  did  in 

h^  lion;    the  clmfge  against 

EAeeUiig  in  m  Committee  of  Union,  to 
emy  mi  pUaa  and  projects  for  assembling  an- 


A.  D-  1794. 


[S 


r  Bfilich  Convention,  at  a  time  posterior  to 
llie  fibfcrsion  of  the  Britinh  Convention,  and 
Hking  gw»ntff8  with  others,  with  a  view  to 
oil  aotlJMr  and  ^^imilar  convcntian,  at  a 
fomA  ibao  t#  come;  but  for  that  purpose, 
viiea  I  chamt  htm  with  having  endeavoured 
to  cill  ftoolaer  briti&h  Convention,  and  en- 
J  to  further  the  views  of  the  laU,  I 
tihow  whni  tlif  Briliih  Convention  wa% 
iill  what  t  t  that  convention  were, 

■Miiacrii  ^  I  r  Do  wnie,  but  to  explain 
Ibi  acta  be  ftybi^etfuejjtly  did. 

Mf.  AitJtruther, — Thuse  arc  the  mtmites 
cf  Ski?  [I  in  tiic  Convention  ?— Yes. 

MTli-  — Ihal  is  a  (ia(>er  found  upoii 

lit,  fiuxi^iT.     1  ht»  paper  was  along  with  it 

Mr.  Taylor  sworn, 

¥<Mi  Ihfe  m  London  i — I  do. 

?n  FIcct-blreet 
lUrdy  ? — I  do. 
I  dry  to  the  London  Cor- 

,  r  of  it?— I  was, 
what  It  was } — It  h  an  a^grt^gate 
f,  of  5   (»r  (»,000  persons  divided  mto 
30  in   number;    each  divii^ion  had 
a  4db3e«tp;     Ui<f*r^  w»ii    a    ]>ermane4it  com- 
ics;  they 
fu  oin   the 

qucu'  ':  liivi- 

^1^,  ..... 

aflba- 
aCCw 

re- 


porl  of  the  first  comraittee,  did  not  sit  any 
longer ;  llicrc  wns  lately  a  Committee  of 
Emergency.  The  Committee  of  Hevision  of 
the  C<»nstitutiou  brought  forward  a  report  of 
the  Constit\itJun,  founded  on  two  heads,— 
Firiit,  a  declaration  of  rights,  and  secondly, 
an  organitatioQ  of  that  SQciet>\  In  the  de- 
claration of  ri^litj,  in  one  article  or  section — 

I  do  not  want  to  prove  that,  but  only  they 
met  for  that  purpose  Were  you  ever  present 
Ht  a  mcvbOf;  at  the  Globe  tavern? — I  was. 

When  waf  it  ?— The  20th  January  1794, 

Who  was  pre&cnt? — Martin* 

Did  they  come  to  any  resolutions  ?— They 
did  to  several, 

Mr.  Baroft,  Norton, ^-^hstH  was  a  gene$al 
meeting?— Yes. 

How  many  people  might  there  bcf — It  was 
said  about  1|0C)0. 

Look  at  that  paper  ? — That  is  a  copy  of  the 
resolutions  that  were  then  p;i.ssed. 

From  whom  did  you  receive  that? — From  a 
person  of  the  name  of  Moore. 

Was  Mr.  Hardy  present ?— He  wa«. 

State  what  he  said. — I  called  on  Mr.  Hardy 
by  the  direction  of  Mr.  Thelwall,  who 
commented  upon  that  general  meeting;  I 
asked  him  for  one  of  these  papers  called  ad- 
dresses; he  said  he  had  none  him^telf,  but  if  I 
would  apply  to  the  secretary  of  the  London 
Corresponding  Society,  he  would  give  me  on». 
1  wailed  upon  Mr.  Hardy,  and  he  was  con- 
versing with  two  persons,  one  I  understood  to 
lie  Moore»  He  said  to  Moore  **  Have  you  any 
of  those  papers  in  your  pocket  of  the  general 
raeetinjg?"  Moore  answered,  "  I  have  not  one 
now,  if  he  will  go  with  roe  to  Princes-strcct, 
I  will  give  him  one  there."  ^^^^y  desired 
him  to  look  iinto  his  pockety  which  be  did, 
aud  gave  it  roe. 

Vou  received  it  from  Moore,  in  the  pre- 
sence of  Hardy,  as  resolutions  come  to  Ihat 
night  ? — Exactly  so. 

Look  at  that.^Thcse  ara  the  resolutions  of 
a  general  meeting  of  the  London  Correspond- 
ing Society^  of  the  1 4th  April^  at  Chalk  farm. 

Arc  they  the  same? — To  the  best  of  my 
recollection  they  are  the  same ;  there  is  a 
little  variation  in  the  wording  of  a  resolution. 

Have  you  stated  where  you  received  that 
p«per?— No,  ijir,  I  have  not.     1- received  this 

f taper  in  the  id  division,  on  the  Monday  fol- 
owing,  that  is,  on  the  2 ad  April, 

Were  you  present  at  any  meeting  at  Chalk 
farm  ? — I  was. 

Gn  what  day  ?— Tlie  Uth  April. 

What  was  the  meotiDE  Utr? — It  was  a 
general  meeting  of  the  London  Corresponding 
SocuMy. 

By  what  sort  of  summons  were  you  called  ? 
— There  was  information  prior  to  that,  giveii 
tit  the  several  divisions,  that  a  racetirig  of 
that  kind  would  talvu  place  that  day. 

Were  there  any  tickets  delivered  for  the 
meeting  ? — There  waa. 

How  matiy  people  might  be  thert?'-U  wi 
supposed  between  2  and  3,000. 


n 


U  GEORGE  IlL 


It 


23] 

Where  is  ChaJk  farm  ?— In  the  road  from  I 
Lotidun  to  Hampslead. 

Did  ihey  ever  meet  in  Store  street  ?— It  was 
proposed  to  meet  i»  a  private  room  in  Store 
street. 

Why  did  they  not? — It  was  said  they  re- 
ceived ootitf  froni  a  magistrate  to  the  man  of 
the  house,  not  tu  permit  the  meeting;  two 
persons  were  fixed  at  the  door  of  the  house  in 
Store  street,  No.  8,  witli  small  slips  of  paper, 
with  words  printed  upon  it,  "  Chalk  farm, 
Hampstead  road." 

Did  that  paper  come  to  the  committee  ? — 
Several. 

Where  did  you  receive  that  paper? — In  the 
2d  division,  on  Monday  the  21st  April, 

from  whom? — From  Hardy;  he  brought 
them  into  the  division ;  I  i^onccived  him  to 
hring  them  in  his  ofiicial  capacity,  as  secre- 
tary of  the  society ;  he  laid  them  upon  the 
table  for  the  several  members*  use. 

Was  Hardy  present  at  Chalk  farm? — He 
was  present;  I  did  not  see  him  take  any 
active  part,  hut  he  was  there. 

Who  put  those  resolutions  ^ — The  chairman. 

Who  was  the  chairman? — Lovett. 

Were    these   resolutions  come  to? — They 
'ere. 

Is  there  any  aiteralion  in  them? — ^To  the 

stofmy  recollrction,  in  one  there  is;  the 
words  that  passed  in  the  meeting,  were,  that 
the  present  ad nitnist ration,  in  advising  the 
present  proceedings,  was  giiilly  of  high  trea- 
son. In  these,  I  believe  it  is  rather  put  as  a 
ques6on,  by  saying,  arc  tliey  not  guilty  of 
high  ireasolj  by  such  advice  ? 

Are  they  tiie  resolutions^  except  that  dif- 
ference, in  the  paper  you*  received  from 
Hardy  ?-j-They  are. 

Will  vou  be  so  good  as  look  at  the  papers, 
md  tell  me  whose  hand-writing  they  are? 
^hose  hand-writing  is  T.  Hardy  ?— Having 
seen  Mr.  Hardy,  as  secretary,  frequently 
write,  in  tJie  divisions,  I  firmly  behevc  that  to 
be  his  liand-writing ;  also  that^  and  that 
[holding  different  papers] ;  and  this  I  believe 
to  be  Mr.  Hardy's  Btgnature ;  the  letter  is  in 
another  hand;  the  letter  does  not  appear  to 
be  his  hand'wnting;  this  also  is  the  signa- 
ture, but  not  the  body  of  the  letter ;  I  also 
believe  ihat'is  his  signature,  and  the  whole  of 
tliis  I  believe  to  be  his  hand-writing  [speak- 
ing of  several  papers  produced.] 

Cross^xamination. 

Where  do  you  live  ?— No,  35»  Fleet-street, 
What  is  your  occuoation  ?—!  have  no  trade. 
How  do 'you  usually   employ  yourTjeif?— I 

liave  none  btit  fur  m"     ^ '  * 

Howdoyouamu  -mlly?— I 

'  have  severAl  ways,  v..,.,  i  . ,  ;.,..,... 

Yon  say  you  are  a  member  of  the  Corres- 
[ponding  Society  ?—  I  am , 
^     Are  you  u  meiutjcr  of  any  other  societies  ? 
—No,  sir,  not  of  that  sort. 

Wh^  do  you  say  not  of  thai  sort  !^Because 
llicxc  arc  uthcjB* 


Trial  of  David  D&wnie 


\u\ 


Do  you  mean  to  say,  that  yon  were  not  a 
member  of  the  London  Corresponding  Society 
for  any  other  purpose  but  amusement?— I  h&- 
came  a  member  of  the  London  Corresponding  \ 
Society  for  no  other  purpose  but  aunisement. ' 
I  had  no  other  view ;  no  view  to  give  infor« 
mat  ion  of  what  passed  there 

How  long  were  you  a  member  of  the  Lon-  i 
don  Corresponding  Society  ? — I  became  a  | 
memijer  of  the  London  Corresponding  Society] 
the  'i  7 1  h  of  J  anuary . 

Do  you  trust  to  your  memory  for  every  thing  i 
that  passed  there  ?— I  do  not,  I  look  somie  \ 
notes  of  matters  that  passed  there  ? 

W  hen  did  you  take  your  notes? — Immedi* 
ately  on  qmiting:  it. 

Did  yoii  take  Ihem  regularly  f — I  took  theiui 
regularly  after  I  came  home, 

Have  you  your  notes  about  you? — I  have. 
Be  so  good  as  to  produce  them.— Yes,  sir/| 
That  is  a  large  volume  of  notes  ? — Yes. 
Can  you  favour  mc  with  reading  a  small' 
pari  of  tiiein,  only  a  few  lines. 

Mr.  Auilruther, — You  may  have  all  read  if 
you  plciise. 

Omntel  for  the  Defendant . — No,  sir,  I  do 
not  want  them  all  read. 

14  i7n«f.^The  first  is  at  a  meeting  of  th 
London  Corresponding  Society,  at  the  Globe 
tavern,  t Itet  street,  on  Monday,  January  20th, 
1794.  "  Mr.  Martin,  by  the  upoellaiion 
of  Citizen  Martin,  wascalltd  to  the  cnair;  he 
addressed  the  meeting  in  a  Jiort  speech,  sig- 
nifying the  intention  of  railing  them  to- 
gether, which  was  for  the  purpo*e  of  the  so- 
ciety at  large  adopting  the  several  resolutions 
that  had  l^ecn  jirepared  lor  the  occasion, 
and  which  woula  be  read  and  submitted  to 
their  consideration." 

Stop  there,  you  begin  with  a  particular 
phrase,  Mr.  Martin,  by  the  appellation  of 
Citizen  Martin, — why  do  you  say  by  the  name 
of  Citizen  Martin?  — If  I  am  at  a  loss,  ?ind 
misunderstood  the  language,  I  am  sorry  for 
it;  but  Mr.  Martin  was  not  so  cidled,  as  he 
usually  is,  Mr.  Martin,  tut  i.]iiizen  Martin. 
Is  that  common  there  ? — It  is,  sir. 
No  person  or  member  of  that  societv,  I 
suppose,  would  address  another  in  that  So- 
ciety m  that  manner? — I  beg  pardon;  that 
was  the  mode  of  address  of  every  n>embcT  of 
that  society  in  common;  and  accidentally 
meeting  in  the  street,  It  ih  common  to  addreA 
them  by  that  name. 

Have  you  alwiiys  used  the  appellation  ofCi- 
tizen  such  a  one  ?— I  have  not  Lilwuys  used  it, 
not  consideriniE  It  necessary ;  and  as  to  the 
nunuteSi  I  m^idc  Ihcm  Jbr  my  own  observation 
and  amusement 

Did  y\m  make  uw?  of  those  minutes  fur  your 
own  aifinv,  i.i,  nt^     T  thA 

And  *•  them   for  your 

own  ant ^  '  i  niVM* It  standing 

in  tlkat  sitiuiion*.  1  Kin  bektre  i^ud  and  tbjn 
high  trihimnf,  nnd  would  not  ^ay  an  untruth 
for  any  >  ^  ^*tu 

You  aade  them  for  your  own 


«1 


S^y  High  Treason* 


A.  D.  1794- 


[26 


imyicsikcnl,  ftnO  for  no  other  purpose,  and 

ynxh  ni?  ottitr  view?— No  other  view. 

'  give   no  informalion 

9^  i  I  uctions  tcr  attend  Ihc 

if  aiiil  pasi^cd  through  ej^fimma- 
vxi  asked  whether  1  had  made 
i  I  had>  ftod  I  was  desired  to  send 

L'S, 

'  Vi  nc  ;j  v%  n  (1  before  the  ffivy 

ammilf^A  '  r  13th  of  May, 

'  TcU  ^^'  Li  lame  there?— I  ac- 

ddentii'  i  on  the  street,  he  said, 

•  liat«  ^;  ..  ,,,.^...  .  g*J  to  ll»e  Globe  tavern 
m  rioet  street  f  1  have  a  ticket,  if  yoti  will 
^.  T,fjKi  nuv  he  amused/'     I  did  go. 

•dhtr, — When  was  that  ? — On  the 
itri  ^  ary      I  went,  I  made  myobscr- 

"'Hicard  M\c  res<*hjtions.  Mr.  Thel- 

reK>hitiofi5;  it  struck  roe  very 

IfSm  hh  manner.    My  friend  said, 
ItM^lter  become  a  member;  I  did;  I 
tlhmaki       '    '      i'i  any  member  in 
btimdWidual   c;  j  o    as  a  collective 

Wy.  1  found  thin  imuh  tplcs  very  different 
^om  irlal  I  was  acquainted  with  ;  I  consi- 
'y,»\  ii,..m  and  thought  ihem  persons  that 
jrium  the  constitution,    I  went 

^fl  for  the  Defendant. — Was 

ling  you  thought  so? — Not 

lueiy — aX  the  £rst  meeting  I  thought  it 

t  the   90lh  of  January 
\\Af<^  ^o  cxUemely  dif* 
'♦ '  !  nued  to  attend  ? — 

I  I  uriosity. 

4i  II >  tri;  yun  i  \c  infutmalion  to 

ivvmoietit? — I  ily  uuacmiaiiacd 

wj/ih  e^rry  j*cn*u  m.   '^^-tinmcnl  till  aftcr- 

*ther  we  rtty  well  known»  you  might  have 
iliilf  ^access  to  thctii?— Having  so  little 
IkMrvled^e  of  them,  and  being  so  IriMing  an 
aufcridim],  I  never  atlempled  it. 

Did  TOW  e^rr  n^^^rnt  to  ihc  resolutions? — I 
w»Tf  abiciitt  led  hy  the  manner  their 

rew»l«iinrt*v  J,  in  the  affirmative  or 

•t-  ot  hands. 

'  ttame  of  the  fiiend  who  in- 

tnaijrii  v(n\*—i>o  you  mean  my  particular 
ibend? — ih€ie  ts  a  ceremony  of  being  intro- 
(htcftt 

Who  introduced  you  to  the  Globe  tavern  ? 

\  you  to  the  society, — what 

lull  mduced  him  to  introduce 

ir.  Jr^ifniflfr,    What  docs  it  signify  what 

TfTfr^The  question  I  mean 

Mid)'  profess 

'    or  others  to 

^  ly,  or  become  a 

c  y  observations  to 

him,  in:rng  :     lie   novelty  of  the 

be  fc  /lit  as  wriii  become  a 

V(wn  tbe  fier/plo  who  look  you  there  en- 


tirely unacquainted  with  your  political  senti- 
ments ?^ — I  went  with  my  iriend  that  produced 
the  ticket  and  gave  it  me ; — ^he  was  en^^aged 
himself,  and  asked  if  1  would  go  to  dmncr. — 
I  conceivetl  I  was  only  going  to  join  a  con- 
vivial party. 

Did  the  landlord  or  any  body  else  pay  any 
thing  in  to  carry  on  the  society  ? — Yes,* 

Did  you?— Yes:  the  expence  was  13d,  at 
being  made,  and  one  pr^nny  at  cactrmeeting. 

Mr.  Anstnither.—Thh  gentleman  ha5  de- 
sired you  to  state  one  part  of  what  passed  on 
the  20lh  of  January,  at  the  Globe  tavern ; 
be  so  good  to  state  what  passed  then  at  that 
meeting  ? — ^*  These  resolutions  were  then 
read  by  a  young  man  who  stood  next  the  chair- 
man, whose  name  I  afterwards  imderstood 
was  Ritbter,  first  one,  then  the  other;  then 
singly,  and  the  question  was  put  upon  each 
bv  the  chairman,  and  most  of  them,  by  a 
snow  of  hands,  were  carried  unanimously/^ 

Counsel  for  Prisoner. — I  have  heard  of 
witnesses  refreshing  their  memory,  but  never 
heard  them  read  their  notes. 

Lord  Advocate. — Mr.  Clerk  ordered  him  to 
do  it — ^He  is  reading  his  journal  verbatim  by 
way  of  evidence,  just  now. 

Mr.    Baron    Norton, — His  paoers    cannot  < 
mistake,  therefore  I  think  he  hau  better  read 
them. 

Counsel  for  Prisoner, — Were  they  made  at 
the  time?— Yes;  soon  after  they  were, 
"  Mr.  Thelwail  on  the  conclusion  rose,  re- 
peated those  resolutions,  and  commented 
upon  them  in  very  bold  and  strong  language, 
recommending  their  adoption,  adding,  that  if 
ministry  attempted  to  land  any  foreign  mer- 
cenaries, or  subsidized  troops,  then  to  repel 
force  by  force." 

**  There  were  near  t,000  persons  assembled, 
500  of  which  sta)cd,  and  partook  of  a  dinner 
provided  on  the  occas^ion.  Soon  after  the 
cloth  was  drawn,  Thelwail  took  the  cliair, 
gave  several  loa^ts, — first,  the  Rights  of  Man, 
and  sung  many  Republican  songs ;  most  of 
those  3on£js  were  afterwards  printed,  and  s<dd 
by  him  ijh  the  several  divisions,  and  at  his 
lectures/* 

*'  Thelwail  aud  John  Will  jams  were  two  of 
the  stewards  on  this  occasion, — Gerrald  was 
also  present,  and,  I  believe  a  steward." 

Mr.  Anstruthcr, — 1  have  no  more  questions 
to  ask  this  witness. 

Mr,  Clerk. — Y'ou  say  you  were  examined  by 
the  privy  council,  how  came  you  to  be  ex- 
amined by  them? — I  was  sent  for,  as  many  of 
the  members  were. 

Had  you  made  any  application  to  the  mem« 
hers  of  the  privy  councti  ?— I  had  not. 

It  was  not  by  your  own  means  you  were 
sent  for  to  the  privy  council  ? — No. 

Nor  by  any  suggestiouof  yours?— No,  §tr, 

What  induced  you  to  come  down  here?—! 
heard  you  say  you  hvc  in  London,  are  you 
upon  a  visit  ?— No,  sir,  I  came  down  here 
from  the  privy  council,  with  one  of  the  kiag't» 
messengers. 

At  your  own  expense  F^ At  preacEti. 


an 


m  GEORGE  III. 


Trial  qf  David  Doiwnie  . 


Lord  AdvocMts.'^Yoa  were  there  the  t8di 
of  Mii,y?~Yes,  I  wai  eumined  before  the 
privy  council. 

Aim)  Uardv  was  Uken  up  on  the  19th )-~ 
Uu  the  19th :  Am  I  to  receive  those  two 
|iapera  now  f 

Air.  ilMTrN/A^r.^NOy  tir,  when  the  jury 
have  <looe  with  them. 

Mr.  ZaMjniH  awom. 


tS8 


liook  ftt  that  paper  tiry-^iee  if  you  know  it  ? 
-- Yeiif  air,  I  know  it  very  we]l«-*it  is  a  letter  I 
found  in  a  hook  case  in  Hardy's  house. 

Were  you  empkiyed  to  take  him  up? — Yes, 
1  had  a  warrant  iruni  the  secretary  ut  state. 

You  took  him  into  custody,  and  searched 
his  houaie } — Yen*  1  dkl. 

And  you  found  that  uaper?— Yes. 

Look  at  that,  you  found  that  at  the  same 
time? — Yes,  sir. 

l€td  ^(iMcel^.— It  is  a  letter  signed  Wil- 
Itam  Skirving,  dated  3Mh  May  1703,— he 
fytuvX  thoi»e  paven  in  Hardy^i  hou)»e,  under  a 
warrant  from  the  secretary  of  state,  and  took 
that  man  in  custody,  and  the  primed  letter 
you  will  have  read,  signed  Thomas  Hardy. 

Mr  -<lii*rriuA«rr.— What  are  you?^C>ne  of 
the  ki»);*s  messengers. 

By  virtue  of  a  warrant  from  the  secretary  of 
state*  vou  took  him  up,  and  found  these 
papers? — Yea  1  did.  i 

AinMUHikr  AUck^wn  sworn — according  to  | 
the  Scot*  form. 

Mr.  JailncrA«r.^Now  recollect  tliat  you 
are  upon  your  oath,  and  you  will  recollect  the 
consequences  of  «»tandinf  iu  that  situation. —  ' 
Look  at  thuew  papers*— m>  not  tell  me  what  ■ 
they  are;  but  whether  they  are  your  hand- 
wriUugP^The  greater  piArt  are  my  hand- 
writing. 

^how  nie  which  part  of  it  i»  your  hand- 
writing P—lhe  list,  sir,  is  my  hand*  and  all 
thetie. 

What  t2»  the  list?— A  libt  of  the  members 
uf  tlie  delegates  of  the  British  Convention. 

Was  Duvtd  L>>wuie  a  member  of  the  Con- 
>eniiou' — It'  he  was*  hi^  name  will  appear  a^ 
a  member. 

W  ere  vou  secretary  to  that  Convention  ? — 
I  was  only  acMi^tant  to  Mr.  Skirvlug,  who  w-js 
secretary. 

It  wa:»  %uur  bdsiuo^s  to  recvive  the  moiiuns 
ibac  w«re  ^iveu  in  ^^  Ihul  wa»  *^rt  of  it. 

U  thai  uame*  ^  Uaviii  Dowme,"  your  hand-  ' 
wntiug-'— [Nu  dU»wer.l 

Mr/  Cut  let .  -  You  sii  j  vou  would  produce 
thtt  proce«umg»  ur  the  British  Couveutiuo,  tu 
show  the  tuientioii  oi  th«iii,  but  «ouid  not 
!»(M>w  any  thiug  in  them  lu  >now  Uavid  Uuw- 
nie  was  ^.^Mlcerlkcd  with  them ' 

Ljrd  AduKntc. — Arler  the  am»wer  the  S^ii- 
citor  general  gave,  I  irusi  vuur  luidsiups  will 
hardly  doubt  1  am  euutied  tii  pruve  then 

Mr.  Clo-^— The  answer  nwde  by  Mr.  Soli- 
fcaswyoctal,  upoo  the  nrriiiim  ailiAd  tn*  b  ; 

ppBcable  to  the  present  oftyediaB.     We 


then  insisted  that  you  coukl  not  prove  the 
procetdingi  of  the  late  Convention.  But  we 
norw  make  a  very  different  objection,  which  is 
this;  let  the  proceedings  of  that  ConvenUoa 
be  what  they  may,  you  cannot  be  allowed  to 
prove  that  the  prisoner  was  a  member  of  it,  and 
therefore,  you  are  not  entitled  to  produce  the 
minutes  with  that  view,  or  to  take  notice 
whether  the  prisoner's  name  appears  in  them 
or  not  The  prisoner  is  not  charged  in  the 
indictment,  with  having  been  a  member  of 
the  late  convention,  nor  could  such  a  cham 
have  been  received  by  the  Court ;  because  the 
prisoner  was  examined  as  a  witness  for  the 
crown,  with  regard  to  the  proceedings  of  the 
Convention.  But  evidence,  applying  to  a 
cham  which  is  not  made,  and  which  coukl 
not  be  received  if  it  were  made,  is  totally  in- 
admissible. Neither  is  this  evidence  at  ail 
necessary  to  the  prosecutor's  case.  The  pri- 
soner is  only  charged  with  a  conspiracy  to 
form  a  new  convention,  alleged  to  be  similar 
iu  its  nature  to  the  late  Convention,  and  it  b 
said,  that  the  late  Convention  was  of  a  crimi- 
nal nature.  All  that  is  neccssarv,  therefore, 
to  be  proved,  with  regard  to  the  Lte  Conven- 
tion, is,  that  it  was  ol  a  criminal  nature ;  and 
it  is  of  no  consequence  tu  the  prosecutor's 
case,  whether  the  prisoner  was  a  member  v>f 
it  or  not 

Mr.  AmtirMtker, — I  charge  him  with  con- 
tinuing to  promote  the  views  of  the  British 
convention,  and  being  aiding  and  assisting 
towards  calling  another  and  similar  conven- 
tion ;  in  order  to  prove  what  auother  and  simi- 
lar convention  was,  1  must  prove  what  this 
was,  and  that  Downie  knew  what  it  was. 

Mr.  Ca^/en.— Mr.  An*truther's  answer  to 
me  was^  I  do  not  care  whether  iX>wnie  was  a 
member  of  the  British  Convention  or  not ;  all 
1  mean  to  show  is>  a  convention  then  met,  and 
had  certain  objects  iu  their  view,  and  came  to 
certftin  resolutions; — that  is  what  Mr.  An- 
struther  had  alone  in  his  mind :  now.  he  goes 
to  show  David  Duwnie  was  a  oiettiber  of  that 
Convention,  which  I  aoprehend  has  notbimr 
to  do  with  the  case;  and  any  tiling  ci.oceniiug 
David  Duwuie  with  the  Convention,  or  in 
that  Convention,  is  nut  now  to  be  ^ue  into 
consistently  with  the  as^u^ances  he'  received 
on  the  turuier  trials,  that  he  was  not  to  be 
brought  into  questiun  for  iL 

Mr.  JnjtfmfiMfr.— I  thought  the  objection 
made,  and  [  answered  iL 

Mr  CUrk. — It  seems  to  be  acknuwiedged, 
on  ail  hands,  that  they  went  upon  uuwarniut- 
abie  proceedings;  they  were  cnap^ed  witn 
sedituin. 

Mr.  .Jfulm/Acr.—ReiiHjve  the  witness. 

Mr.  L'Urk. — We  have  loniicnv  ueard  it 
suted,  from  the  highest  auuiunt^  un  the 
bench,  that  to  siy  a  luau  iiau  :)tvii  a  member 
uf  that  convention,  wai»  to  atcuse  rum  of  tile 
criuM  oi  9«ditiou.  But  accvniiu:^  lu  tiM  doc- 
tnnea  laid  down  since  this  court ~waa  opened, 
the  onniiuctot'tiiMt  convention  aaMmutodtna 
GiinM  somewhat   higher  tliao  sediliBB;  in 


J^r  High  Treasan* 

Mc.     Ami  the  lord  ad* 

aid,  that  the  London 

,  wilU  wtiich  the  late 

cted^  bad   tre^bao cable 

h  the  plain  ini'er- 

iilioHf  before  iU 

^iMHji,   t>i   high   treason.     It 

I  CbUuw,  that  by  pri^vtn^  the  prisoner  to 

ihfrt^  ^   rr^.  ...i.f ,   .,f  iiiLi  '  oQvention,  a 

be   proved 

>  I.  ... ,  -ed,  that  he 

ftiamasoqf  U>  t  lit.    This  is 

ilt4R|  fkiiti  ivn  ;iDd  directly 

•t  M«r^  ju  he  IWU6  exuiuuied  as  a  witness 

I  ctovm,  tvilh  rf*urd  to  the  proceedings 

B  cotline4i  I  lC  would  create  an  iiu* 

minds  of  the  jury,  and 

ijufi^i  vvliich  they  are  to 

Ltv      I  r  is  indicted  for 

un,  and  inc  jarv  ire  to  determine  by 

let,  whelhor  he  Uma  been  guitty  of 

I  ID  U  ar 

•r^dllMillier  u,' nor  lated  ni  the 

adictaKllL    Thi§i%i^'  i  i  and  perplex 

Ibt  JBfY  witii  distinction!  between  treasons 
thM^Hl  but  not  |>rovad,  and  treasons  proved 
tut  BOl  ekajgnJ. 

Mx.  .ijHl^itAer, — He  is  not  Indicted  for 
bnf  »  membcf  of  the  British  Convention,  or 
iff  Mf  tUilg  be  did  there. 

Xj*^    '^        '     '  ,so     the    question 

W9g  y.  **  Do  you  know 

ibaifli^  pii»u4irLr  ii«u  at:ct'>»  to  bc  acquainted 
villi  lliopf<M«adiiig»of  thai  fust  Convetmou  ?'^ 
Qaf«  fmt  tnj  objeOion  Uj  that  ? 
Mr.  Cmiien  and  Mr,  C?/<fril;.— No. 
Lard  Ad^9<rate.—l  have  no  ot^Jection  to  its 

^  pBi  ia  Ihjit  way— call  in  the  witness^ 
IW  Fte^idcnt, — Mr.  Aitche^n,  take  no* 
I  d^noi  mean  lo  a&k  wJiether  Mr.  Dow- 
417  ficil  a  member  of  that  Convention, 
I  pol  tills  ouf^tiim  to  you, — ila  you  know 
Wr.    bownie  hud   acce*s  to  know 
wMvareth  '>fthe  first  Convene 

tinof— Bad  tss  to  know    the 

laimBof  liv  '  itCuMvention 

V9^  !    he  had  ac- 

lo  Mtevi    *x   ii'.m    in^>^-|..ip€rs ;  and  a 


A.  D,  179i. 


[30 


CI    iir^> .^-[uipers  ; 

MnlNsr  af  people  were  visitor?;    he  might 

Ham  «Deei9;   but   whether    he   had    or  not 

I  of  It,  I  cuunottell;  he  certainly 

1^  ai.'J  th<  tnihhc  had  access. 

OojfDu  \-  » id  atcc^  yoyrself? — I 

hgrr  %cen  ) 

your  own  hand  writing?— > 

\1  ii£tc  ii.  !  ?— I  wrote  tUat  I 

IkiakifiUk:  'nion* 

Wbit  ts  UK  LlJte  ul  ilf--i  tliiiik  it  has  no 

I>»  yon  kiHMr  €kors«  Ko«^'s  hjvnd-writing  ? 
— Vea,  I  b9«i:  a  giii^  ^t  it. 

Uf.  CWii^,— .Therr  ■-   '  —  T  submit 

t>|vtfr  loiilA|iip«»  bei  tt  to  be 

d^  J4w,  aut  ofilj  of  ^^  ,L,,„  ,,  I  ,j;  uf  every 


other  country  whatever,  that  no  witness  can 
be  asked  a  question,  the  answer  to  which  may 
criminate  himself;  if  be  is  called  upon  to 
give  evidence  with  respect  to  the  proceedings 
uf  the  British  Convention,  the  answer  may 
cri annate  bimselfy  and  therefore  I  submit  that 
the  witness  ought  to  be  put  upon  his  guard^ 
and  ou^ht  to  bc  told  tJiat  he  is  not  obliged  to 
answer  any  cj^ueslion  that  he  thinks  may  have 
that  effect. 

Mr.  CUrk. — There  is  a  very  great  diOcr- 
ence  between  the  law  of  England,  and  the  law 
of  Scotland,  upon  this  subject.     In  the  Scots 
criminal  courts,  when  a  socua  criminii  ia  ad- 
duced as  a  witness  for  tl)e  crown^  he  is  told 
by  tlje  judge,  that  his  evidence  will  not  mili- 
tate a^inst  himsell^  and  eveni  that  by  giving 
his  evidence,  he  is  secured  from  any  future 
prosecution,  upon  the  facts  to  which  it  re- 
lates.*    He  is  therefore  liound  by  bis  oath  to 
tell  the  truth,  and  the  whole  truth,  without 
any  exception  of  such  truths  as  may  involve 
himself  in  the  guilt  of  the  prisoner.  It  is /port 
judicU  to  give  him  lliis   iuformalion,    ami 
every  lawyer  who  hears  me,  knows  it  is  the 
universal  practice.     But,  my  lords,  this  is  an 
English  court,  and  tlie  law  of  Eng/a/ui  is  verj 
dl&rent.    A  witness  by  giving  evidence  fof 
the  crown,  does  not  discharge  himself  of  the 
crime.    He  may  afterwards  be  prosecuted  fot 
the  same  crime,  and  there  are  even  cases,  in 
which  the  very  deposition  of  the  prisoner, 
when  formerly  examined  as  a  witness,  has 
been  used  as  evidence  in  order  to  convict  him- 
self.    This  heme  the  rule  of  English  law,  a 
witness  is  not  bound   to  speak  the  whole 
truth.     He  is  entitled  Co  m^ke  a  reservation 
of  such  truths  as  wotdd  involve  him  in  guilt; 
and  if  any  question  is  put,  the  answer  to  which 
would  criminate  him,  he  may  refuse  lo  an'iwef 
that  tjuestion.     My  lords,  I  know  it  will  b« 
said,  on  the  part  of  the  prosecutor  (1  heard  it 
urged  the  otlier  day  on  Watt- s  trial,  but  it  did 
not  satisfy  roe),  that  the  witness  himself  is  the 
best  judge  of  what  may  involve  him  in  guilt  r 
and  it  is  said,   that  if  a  witness  mi^ht  be  I 
brought  lo  trial,  upon  the  same  facts  with  re- 
gard lo  which  he  had  given  cvklence,  there  v 
would  be  an  end  lo  evidence  by  a  tociui  rrimi*  I 
nit.    With  regard  to  these  objections,  the  wit-  j 
nesa  is  no  doubt  the  ultimate  judge,  how  far  I 
he  is  in  safety  to  answer  the  questions  that  J 
are  put  to  him,     But  every  witness  is  not  &  t 
lawyer;  he  may  be  mistaken  in  his  op'mionji 
and  therefore  he  ought  to  be  put  on  his  guara  \ 
by  the  Court,    Accordingly,  my  inforraationJ 
is,  that  in  England,  it  is  held  to  be  the  duty  J 
of  the  judge,  to  put  the  witness  on  his  guara^i 
whenever  a  question  is  asked,  the  answer  t<ll 
which  may  criminate  him ;  and  after  he  is  sal 
put  on  his  guard,  he  answers  the  question  of  i 
not,  as  he  pleases-     As  to  tocii  criminis^  I  be*  J 
lievc  very  litllo  could  be  liad  in  England  fronii 


•  As  to  the  evidence  of  n  $ocm  criminitf  i 
the  notes  Vol  10, p.  TBI ;  Voh  II,  p*  lOdS,  i 
Vol  13,  p.  10^,  of  this  Collection, 


31] 


34  GEORGE  HI. 


iheir  evidence  if  they  did  not  previously  re- 
ceive such  assurances  as  they  could  rely  upon 
that  they  should  not  be  prosecuted.  They 
arc  entitJed  to  warning  as  well  as  others,  with 
regard  to  what  part  o^  their  evidence  may  mi- 
litate against  them;  but  they  may  hnd  it 
more  prudent  to  give  their  evidence,  than  to 
run  a  much  greater  nsk  from  not  ^ivuig  I  heir 
*iSvidcnce. — ^Bul  besides  the  duty  of  the  Court 
in  this  respect,  I  am  informed  that,  in  prac- 
tice, the  pnaoner's  counsel  are  allowed  to  sug- 
§e&t  to  toe  Court,  what  questions  may  en- 
auger  the  witness.  The  prisoner  has  plainly 
an  interest,  tliat  the  witness  should  not  he  en- 
trapped by  such  questions. — And  therefore^  I 
do  humbly  presume,  that  the  witness  will  be 
put  ou  his  guard  by  your  lordships,  ag;ainst 
such  questions  as  may   involve  himself  in 

fuilt,  especially  where  the  guilt  is  alleged  to 
e  no  less  than  high  treason. 

Lord  Advocate, — I  shall  not  trouble  your 
lordships  with  many  observations ;  but  one 
thing  dropped  from  Mr.  Clerk,  which  wa^, 
that  he  had  an  interest  in  the  witness  not  an- 
swering; upon  which  I  must  make  one  re* 
inark.  Whatever  may  be  the  interest  of  the 
prisoner,  or  of  the  prosecutor,  it  is  for  the  in- 
terest of  the  country,  that  the  truth  should 
prevail. — It  may  be  the  privilege  of  the  wit- 
ness, if  he  chooses,  not  to  answer  any  ques- 
tion; but  the  counsel  has  not  the  privilege  of 
telling  the  witness,  that  he  shall  not  answer 
tlic  Court  upon  oath,  if  he  pleases. 

Mr*  Cullen. — When  I  understand  the  rule^ 
1  ^hall  comply  with  it;  what  I  am  going  to 
notice,  i^  a  case  the  gentlemen  will  not  pro- 
bably have  forgot,  a  very  recent  one.  It  was 
that  of  Mr.  Purefoy  for  killing  colonel  Roper, 
tried  before  Mr.  Baron  Hot  ham,  A  queslioo 
was  put  to  a  general  ofUcer,  to  which  the 
counsel  for  the  prisoner  objected  a^  the  an- 
swer might  involve  him  in  criminahty  him- 
self; upon  long  arguments  the  judge  deter- 
mined it  would,  and  it  was  put  in  another 
slmpe. 

Mr,  Anstruiher.^l  believe  Mr.Cullcn's  au- 
thority  for  this  is  no  other  than  a  news-paper : 
it  must  be  otherwise :  it  cannot  be  doubled 
that  the  witness  m;iy  answer  if  he  pleiscs. 

Lord  Ctncf  Huron, — ^ There  is  no  principle 
more  settled  in  the  course  of  adminiMration 
of  jiustice,  than  I  hat  no  witness  is  bound  to 
crimiujile  himself  in  giving  evidence.  Jutke* 
ohvn  i^ivG  notice  of  this  to  the  witness;  Sul 
t  lie  doing  it  or  not,  is  a  mailer  of  discretion, 
which  ought  to  rest  with  the  judge,  according 
to  llie  iiiluation  in  which  the  witness  happens 
to  ivc  placed;  the  parties  have  no  tide  to 
interfere, 

Mr.  Baron  Norton, — The  principles  of  com- 
mon reason  and  law,  will  not  oblir;e  a  witness 
to  give  answers  to  criminate  hunself ;  but 
there  is  nothing  to  prevent  his  doing  it;  nor 
h  it  for  the  pn-suner's  counsel  to  make  that 
olyeclion:  the  lord  advocate  has  not  said, 
tlml  be  is  aftcrwanio  to  try  this  witness,  nor 
could  he  with  propriety  be  brought  to  trial ; 
t 


Trial  ofDavki  Downie  \^ 

he  is  therefore  at  full  libtrty  lu  speik  i»it  the 

truth. 

Mr.  Antlruther, — It  is  clear,  the  wii 
could  not  criminate  himself  in  answering 
question,  he  is  only  asked  if  that  paper 
Uoss's  hand-writing. 

Lard  President, ^In  civil  courts,  it 
times  happens  that  witnesses  are  addtieisd  to 
give  evidence,  up*in  facts  of  a  criminal  nutitrr 
between  parties  who  have  no  autls 
power  to  discharge  the  prosecution  1' 
court  of  criminal  jurisdiction,  if  any  such  s^vail 
arise  out  of  the  tacts  thus  meant  to  be  given 
in  evidence.  In  such  a  case,  and  where  the 
question  put  tends  to  draw  an  answer  which 
ma^*  criminate  the  witness  himself,  I  undcr^ 
stand  It  to  be  the  duty  of  the  judge,  to  give  no- 
tice to  the  witness,  that  he  is  at  liberty  to  de- 
cline making  an  answer  to  the  question,  on 
account  of  the  effect  which  it  may  have  against 
himself;  not  tliat  the  answer,  if  made,  could 
be  used  as  evidence  elsewhere,  but  that  it 
might  lay  a  foundation  for  his  being  prose- 
cuted, by  giving  information  of  his  own  guilt. 
But,  with  re.specl  to  the  proceetlmgs  in 
courts  of  criminal  jurisdiction,  with  which  I 
had  occasion  to  be  well  acquainted,  as  public 
proseculor,  for  several  years,  I  know  that  it  is 
common,  and  oileu  necessary,  to  admit  accom- 
plices in  the  crime,  as  witnesses  against  the 
prisoner,  otherwise  crimes  would  too  often  go 
unpunished.  But  I  always  understood  it  to 
be  a  settled  rule,  that  his  majesty's  advocate 
prosecuting  for  the  King,  could  not,  after  mak- 
mg  such  iise  of  an  accomplice,  or  socius  crimi- 
ri^s,  bring  the  witness  himself  to  trial  for  the 
same  crime.  Neither  would  it  make  any  dif- 
ference, as  very  ingeniously  suggested  from 
the  bar,  that  the  person  of  I  he  advocate  was 
changed  by  death,  or  otherwise  ;  for  in  every 
such  business,  his  majesty's  advocate  acts  oih- 
cially,  and  there  can  he  no  doubt  that  the  sue* 
cessor  in  office,  would  be  bound  by  what  his 
predecessor  did.  This  rule  stands  upon  the 
principles  of  plain  g«>od  sense,  justice,  and 
utility  ;  and  has  been  sanclioned  by  immemo- 
rial practice  with  us.  I  do  not  profess  to  have 
llvE^  same  knowledge  of  the  law  or  practice  of 
England ;  but  1  desire  to  be  iniurmcd  by  those 
who  do  know  it,  how  the  matter  is  understood 
there,  and  in  trials  such  a-*  the  present:  or, at 
leui^t,  I  desire  to  know  explicitly  from  his  ma- 
jesty's advocule,  whether  this  witness  Mr. 
.'\ilcheson,  orany  other  witness  who  may  be 
adduced  by  him  in  this  trial,  d»>cs,  or  does 
not  remain  exposed  to  be  tried  by  him  for  the 
.■jarne  crime.  If  I  receive  an  answer  in  the 
aflirmalivc,  I  shall  think  it  my  duty  to  in- 
form the  witness,  when  a  question  is  put  to 
him,  lending  to  criminate  himself,  that  he  is 
at  liberty  to  decline  aiiBwering  il.  Bui  if  I  am 
assured  that  the  wiine^js  runs  utiri^k  of  being 
prosecuted  himself,  iieing  virtually  or  expressly 
liberated  from  the  charge,  so  Jar  as  he  himself 
may  be  concerned,  in  consequence  of  his  be- 
ing called  as  a  witness,  and  spcakini;  out  the 
truth  la  this  trial,  it  will  be  luy  duly  to  IcU 


1 


SSI 
)»,tliatlji 

■  I 


Jor  High  Treason* 

to  5peak  out  Ihe  whole 
I  saietv  so  to  do. 

/ '.CSS,  Ail- 

:;  within 

u  uiiv  uc  tried  in 

uf  this  county;  as 

■  '   T  explicitly  dc- 

uiy  intetiliiin 

11 1&  iriufj'ur 

charged 

,  .  iicssiihiy 

iict%d90rjf  to    ily  j*rvviou$  to  this 

roil. — I  served  a  good  many 
jf  in  this  counlr>%  aatJ  I  af- 
1,  when  I  brought  u  »ucius  cri- 
-■\  that  my  hands  were  tied 
t-ciition  of  him  for  any  thing 
Dut  if  he  \voul<l  not  speak 
U  a  I  h  ber  ty  to  prosecute 
tlid  not  speiik  oiU ;  a 
^,.1  to  the  uar,  and  not 
Bg^  slumid  that  protect  him  from  trial 
'  offt-r.rp-  when  he  is  only  protected  tor 
ikupon  that  trial? 
— i  am  of  the  same  opinion  ; 
if  be  ttinf€:%  to  speak,  he  ia  not  a  witness; 
Iscuaj  he  put  back  to  his  former  situation. 

bmi  Adv0C4xte,^\\  i)at  the  honourablejud  ge 
lift  Mailed  ts  perfectly  right,  and  the  law. 

Mr.  A*^iinUktr. — I  helieve  that  is  correctly 
fWpnctice  in  En  Poland;  I  know  of  no  instance 
whmr  a  jwh    '  'J  a  person  who  has  corac 

Isvird  tolii:  1  given  evidence :  there 

IttPe  been  cajsc^  oi  uns  sort,  where  a  person 
«bi  b  called  a%a  witness,  refused  to  answer, 


A.  D.  1704. 


[SI 


iti'jv 


liAlcirau 


I  MIX' 


'L ... 


tooc^taoi 
ait  fairtv    : 

tbcoktj 
lutd 

&ivt)arfi 
Wont 
Iv  Ir 

]nrkr 

Kl' 
K 
D 

cs 

it- 
h 
11 


VOL 


V 
'^^   *nl  where  a  witness  has 

vc  there  is  no  instance 

d ;  although  certainly  it 

[>ardoo,  if  such  persons 

e  the  whole  truth,  al- 

ot  entitled  of  right  to  a  par- 

IV,  to  5top  the  prosecution 

t  were  a  capital  oftbnce, 

)(:h  wuuJd  hail,  in  order 

"  /  to  the  Crown. 

it  fit  to  say  a  few 

being  tlic  senior 

ourl  of  justiciary, 

ric  years,  and  had 

icc  1  came  to  the 

"  i^v  of  Scotland 

Lied,  both  by 

r  baron*     In 

111  every  country 

ivition  and  govern- 

iti   are  admissible    wilnes. 

us ;  and,  indeed,  in  many 

I  be  done»  nor  the  grentV 

K  withottt  the   aid  of 

V   few   ruses 

i  comphcuted 

■  "cncon- 

imiued; 

hy  the 

tor  the 

,,.  ^*..^  ^^^  .vcn  €Xii- , 


mined  as  a  witness  upon  tliat  crime,  to  whic 
he  had  been  av  cLs^sory,  and  who  had  not  re- 
fused to  give  evidence,  but  had  given  evidence. 
I  had  conceived  a  notion  in  my  own  mind, 
that,  if  such  an  attempt  should  be  made,  the 
judges,  who  are  to  determine  upon  the  law  of 
the  land  as  it  strikes  lhen»,  would  not  suffer 
a  person  so  circumstanced,  to  he  subjected  to 
a  trial,  and  consequently,  that  it  is  not  optional 
in  the  public  prosecutor  to  brino;  him  to  trial 
or  not,  for  that  the  court  would  interfere,  and 
prevent  such  trial  proceeding,  although  that 
case  has  not  ^el  occurred.  Here  the  public 
prosecutor  has  thought  fit  to  bring  by  subpana 
to  give  evidence,  a  person,  who,  in  the  Ian* 
guage  of  England  Js  an  associate  in  the  crime; 
and  if  tliat  person  should  say  nothing  after 
he  is  sworn,  it  would  not  prevent  him  from 
being  tried  j  but  his  giving  evidence  is  the 
thing  Uiat  must  secure  him.  I  did  not,  how- 
ever, conceive  that  the  question  now  iiut  to 
Mr.  Aiteheson,  could  have  led  to  the  aiscu^ 
siOB  of  this  point,  because  he  formerly  gave 
evidence  m  a  case  that  was  tried  upon  a  charge 
for  sedition,  respecting  what  is  called  the  Bri- 
tish Convention,  in  consequence  of  having 
been  then  told,  that  his  givmg  evidence  was 
to  secure  him  from  being  tried  for  any  crime> 
whether  under  the  name  of  treason  or  sedition 
arising  out  of  his  having  been  a  member  of 
the  British  Convention,  I  therefore  think 
there  is  no  place  for  the  objection  in  his  case  ; 
and,  with  respect  to  any  other  witnesses  who 
may  have  been  accomplices,  I  am  ofthesami^ 
opinion  with  your  lordships ;  it  is  not  compe- 
tent for  the  prisoner's  counsel  lo  object,  al- 
though the  witness  himself  may  decline  to 
answer  to  questions,  tending  to  criminate  hnn- 
self ;  but  ifne  chooses  to  answer,  and  gives  evi-  ^ 
dcnce,  I  conceive  he  will  be  secure  against  anj 
future  prosecution. 

I^rd  5tt^»W(//i.^If  an  accomplice  could  no 
be  protluccd  as  a  witness,  it  would  be  impossi* 
ble  to  discover  crimes.  When  such  a  per 
son  is  brought  to  be  examined  as  a  wit^J 
ness,  it  is  not  the  right  of  the  prisoner  td 
object  to  his  admissiblhty  upon  that  ground  ^'l 
it  is  the  ri^ht  only  of  the  witness  himself  toj 
object ;  aQ<l  if  he  docs  object,  then  the  duty  of 
the  court  is,  to  tell  him  he  is  not  hound  ta  J 
answer  any  thing  that  may  criminate  hi mself|l 
and  if  he  IS  silent  as  a  witness,  he  certainly^ 
subjects  himself  to  be  brought,  though  not  itt  j 
the  character  of  a  witnens,  yet  in  the  charao*  | 
ter  of  a  prisoner,  to  the  bar.  If,  without  obW 
jeclinL',  lie  ^hall  give  his  evidence,  it  is  thel 
tixed  practice  of  every  court  of  law  of  which  El 
have  harl  occasion  to  hear  or  read,  that  he  can*] 
not  be  brought  to  trial  upon  account  of  anj  J 
thing  he  sjiys ;  it  is  a  protection  to  him  that  ] 
he  cannot  be  brought  to  inal  upon  that  ac- , 
count;  but  I  see  no  business  the  court  crany  i 
Lot fy  else  hii5,  to  s«piLC  tlo  a  witness  that  heij 
not  to  answer  anything;  it  is  giving  him  a  hini  j 
not  to  do  his  duly  to  liis  country,  and  to  tell  1 
the  truth, — ^o  1  concur  ia  the  o^\ti\OTVgLve\\\s|j 
fhe  whoieCuurh  ^ 

D 


54  GEORGE  III. 

"Lartl  Duminnan.^1  concur  with  the  lottl 

J>residcnl  and  Ihc  icsl  of  the  Cairrt*  that  the 

Fjwisoner  anJ  the  counsel   have  no  richt  lo 

suggest  to  the  wilnesfi  that  he  is  not  bound 

"  >  answer. 

Lord  AbtrcromhU  concurred  in  ihe  same 
pinion. 

Mr.  Cltrk.—'^^y  lords,  1  see  the  question  I 
_aean  to  pn  lo  Mr  Aitchcson  will  come  more 
properly  aflcrwardi?. 

Mr  Anitfuthcr  (to  Mr,    Ailcheson).— Do 
{[you  know  George  Eoss? — Yes. 

Was  he  yovir  assistant?— He  assisted  Mr, 
Skirvin^  ;*long  with  me, 
'   See  it  yow  know  his  hand-writing?— I  think 
^hat  is  his  hitnd- writing. 

Lord  Advocaic, — The  jury  will  attend;  iVe 
Kave  proved  some  papers  which  I  mentioned, 
lud  the  clerk  ra^y  now  read  ihem. 

Mr,  Anstruther  (to  Aitcheson). — The  mo- 
Sons  thai  were  made    in    that    convention 
fwere  handed  over  to  yuii,  were  they  not? — 
Generally  while  I  wa^  there. 

Tell  us  whether  thai  i'i  one  ?— It  is. 

[Ijetters  produced  and  read.*] 

CUrk  ofArraigTta. — This  is  a  letter  signed 
liomas  Hardy,  secretary »  No*  9,  Piccadilly, 

"  •  In  case?,*'  says  Mr.  Burnett  (ch.  18.  p, 
|4Pid)  **  of  conspiiacic%  or  illegal  combinations, 
It  is  often  necessary  to  prove  the  general  con- 
ipiracy,  and  il^  namrc  and  t>bject,  by  produc- 
ing the  minutes  or  resolutions  of  the  associa- 
[tioh ;  and  Hm  is  admissible  evidence  against 
I  the  party  accused  of  being  one  of  that  con- 
I  ^piracy,  though  his  name  do  not  appear  on 
llliese  minutes  or  resolutions.    Nay,  in  such 
l^ases^  evidence  of  the  proceedings  and  resolu- 
raons  of  other  associations    connected   with 
I  them,  and  implicated  in  the  same  pursuit,  and 
Bven  of  the  correspondence,  wri tines,    and 
ii  r  individuals  connected  witli  those 

t  iations,  are  admitted  to  fehow  what 

V I  .  r  uir  general  views  and  objects  of  the  eon* 
|6inrucy  m  which  the  pristavcr  has  been  en- 

Siged,  the  etlect  of  these  circumstances  upun 
ic  case  of  the  prisoner  bein'4  left  lo  the  jury. 
I  111  the  inal  ot  Downie  and  Watt,  for  lugh 
jtrea^on>  at  Edinburgh,  in  September.  t?9t, 
[the  minutes  and  proceeding!^  of  tlie  British 
1  Convention,  and  the  papers  found  in  the  pov.- 
l*c%&ion  of  iJkirving  and  Margarot,  mcmbcra 
[pf  that  association,  were  ^iven  in  evidence 
'•^inst  the  prisonerSj  whiU.  in  th^  various 
'  r  .  ■   ■    '  r     ■  ,wl,  in 

t  ,  the 

,<  uof 
n  at 


Trial  of  David  Downte 


[36 


£itikk  isiiin  lUt  (»ri^uei,  «nJ  add^cafKDil  io 


j  and  h  dated  London,  I7lh  M^iy,  179S,  and  di- 
rected  to  Mr.  VVilltam  Skirving,  secretary  of 
the  society  of  the  Friends  of  the  People, 
Edinburgh. 

**  Sir; — ^The  London  Cone«»jionding  Society 
eagerly  seiwithe  opportunity  of  iMr  Urfjtilmrt 
going  back  lo  Eduiburgh,  to  rcqutist  ot  ynur 
society  a  renewal  of  corresjxmdence,  and  a 
more  intimate  cooperation  in  that  which  both 
societies  alike  seeJc,  viz.  a  reform  in  the  par- 
i  hatnentary  representation.     We  arc  very  sen- 
I  sible  that  no  st»ciety  can,  by  itself,  bring  about 
titat  desirable  end;  Ictus  therefore  unite  as 
',  much  as  possible,  not  only  with  each  other, 
but  with  tvt^ry  other  society  thn^tghout  the 
I  nation;  our  uctition^  you  will  have  learned, 
'  have  been  all  v(  them  unsuccesshil ;  our  at- 
i  tentiun  must  now  therefore  be  turned  lo  somO 
I  more  eftcctuul  means ;  from  your  suciely  we 
I  would  willingly  learn  them,  and  you,  on  vour 
:  part,  may  depend  upon  our  adopting  the  firm- 
est  measures,   provided    they   are  constitu- 
tional, and  we  hope  the  country  will  not  be 
behitnl  hand  with  us, 

**  This  war  has  already  opened  the  eyes  of 
many;  and,  should  it  contiime  mttch  longer, 
I  there  is  no  answering  for  its  effects  on  the 
minds  of  the  people, 

third  parties,  and  not  found  in  the  prisoner's 
possession,  or  letters  a(klrcsscd  to  the  prisoner 
himself,  though  found  in  his  custofly,  are  not 
\  admissible  against  him.  But  in  cases  of 
j  combination,  general  concert,  or  conspiracy, 
such  letters  are  admissible  evidence  lo  the 
eft'ect  of  establishing  the  general  concert  or 
I  conspiracy,  if  written  by  membtrs  of,  or  cOA- 
nectcd  with  it,  to  other  members,  wlieiher  the 
prisoner  or  third  pHrties ;  and  whether  found  in 
the  possession  ol  the  pri-w^ner  or  of  third  per- 
sons ;  and,  in  certain  causes,  even  thotigh  these 
letters  have  not  reached  the  persons  to  whom 
they  weie  luldrc^sed,  if  Ihey  have  gone  out  of 
lire  possession  of  the  person  who  wrote  them. 
In  Skirviug'scase,  January,  17*>4.  a  letter  ad- 
dressed to  him  from  l*almcr(who  had  been 
previously  convicted  of  sedition),  and  found  in 
nis  possession,  was  received  iu  eviilence;  and, 
in  the  trial  of  Hountf^  ;iiid  Wait,  h»r  high  lnea» 
son  (at  Ediii  ,ilenvbcr,  I7<>4),  letters 

from  Hardy,'  u,  lo  Margarot, Skirving, 

and  others,  and  from  thtin  Xu  Ilurdy,  were 
wittiout  objection,  produced  in  evidence.  In 
the  same  way,  in  Hardy's  trial,  in  Knetand, 
November,  1704,  a  letter  frtjni  f%  memher  of 
tin  -  which  H.ir      ^  I'd,  ad- 

dr-  ut,  then  ^h,  but 

wtsun  I  been   intcjMjmfj,   was  re- 

ceived I  of  the  genentl  conspiracy* 

*'l.C':  ■  r  "-■" '  -  *'-"  prU 

soner,  ^  nd 

K.  ...M.  ,;,^h 

IIS- 

by 

■  .  ^^  -Jc- 
hvtrcd  or  published*-' 


Jhr  High  Tteamu 

*^  Dursocietj  bw  met  with  nu  lu- 

IMI^  fii£ircftheic&s   we  i^n   on    h  in 

mm^iCiit  und  pulitical  knowledge,  Wusinoir 
j9tf  and  y<Hii  tnuive  all  success,  I  rctnuin, 
cord»l(y,  »iri  your  friend  aud   ttJlow 


*'  Tuoif  AS  HAanr,  Secretary/* 
^'  To  fie  Setrciary  of  the  wocid}^  of  the 
frkndM  pf  the  Feopic^  EdinbvrghS* 
tkrk  afJrrai^nt, — This  letter  is  HircctetJ 
•if.  iiardy;  it  h  dated  Edinburgh,  «5lh 

^Ali  Sir;  Mr.  L'rquhail  did  me 

I  piri  >  il  on  Thursday  afternoon, and 

*«rj  tter  of  the  17th  curretit ;  1 

Bi4  *  with  t  h  e  CO Dten  Is  of  i t,  and 

I  la;  riieeting  of  our  so- 

er  does  not  take 

hU     I  would  iiave 

of  your  favour  by 

u  much  employed 

io  another  lodgings 


f  If  cilhcr  you 


If  liti^ 


fu! 


l^pf- 


icctttftl 


nd,  or  we  in  Scot- 

,  arately  the  reform 

is^  10  obtain,  we  should 

-   J    ic  aur  weakness,  and 

uorance    of   the   corruiHion 

utir  lOiportant  undertaking. 

ly  the  cxlirpalion  of  one  i>el 

11  from  the  management  of 

^♦ii.  ,  i]r,i']-l:"i  iiii'jht  be  given  to 

^t,>w'iiiout  ai, LI  UiiL  lilt:  vitals  of  the 

adveidC  to    rctunn.      Thcsie   might 

ly  *ce**aipli>thrd  ;  hut  to  cut  vio  deep 

i'lchces,  to  ^ive  eJTeclual 

of  truth,  m  Ikvour  of 

'    '       ^  ''\  in  op- 

I  liabit!^, 

. .   ,»*,.^    ,.-,.  --.i„c    Uic    final 

KT  of  darkness,  is  the  work 

!    iK.t    i,[    a  niiil;  a  work    tO 

i  period,  were 

tdl  now  liis- 

ISC,  not   merely,  or  only  I 

use  of  the  common  danger 

eiJ,  hut  from  the  en- 

I livcrsal  benevolence. 

service  that  I  can  do  to 

;  rot  note  the  union  you 

■  I  am  happy  to  a.ssure 

I  to  discovered  no  sen- 

trt^^i  ttjon,  adverse  to  Ihc  most 

iU)d  broiherly  union  with  iho  aasocxa- 

r,,.J I 

minds  of  all  must,  in  the 
hj*  now  turned  lo  more  ef- 
'irui.    Not  one  person 

rirre^vilv  of  it;  tv  llu: 


^f1**;\i%'^^>f^  *    1  tmh   only  ulraid   that 
i>,  was  SO  con* 
b resit,    You 
ij  icariit  ytu  ^^,   from  m 


•I 


own  that  wc  ought  lo  be  forward  m  this* 
we  have  at  once  in  great  v^i^gm  perfected 
our  plan  of  or^am^ation,  and  if  we  were 
m  live  same  mdept^odent  state  of  mind 
as  the  people  of  Kugland,  we  hhould  bi 
able  to  take  the  lead.  The  associulioiis  wit] 
you  are  no  mort*  [  fear,— excuse  tny  freedom^ 
— tlian  an  aristocracv  for  the  guod  oi  ih<i 
people,  Tlicy  are  indeed  moderate,  iirm,  and 
virtuou5,  and  belt*.'r  cannot  be;  but  wr  arc 
the  people  themselves,  and  we  arc  the  first  la 
show*,  that  the  people  can  both  Jud^e  and  re 
solve,  if  undirected  by  faction,  with  oetJi  w*ij 
dom  and  moderation, 

*'  I  have  not  a  higfier  wish  in  the  pn  sent" 
exertions  for  reform,  than  to  see  '' 
universaily  and  re^larly  associate  <  1 
I  am  persuaded,  Uiat  the  pre^eiu  di^^a^lrous 
engagements   will    ibsue  in    ruin,   and  the 
people  then  must  provide  for  themselves ;  and 
It  would  be  unhappy,  when  wc  shoulfl  l>e 
ready  to  act  wiih  unanimity,  to  be  occupied 
about  organization  ;  without  which,  however, 
anarchy  must  ensue :  we  will  not  need  but  to 
be  prepared  for  the  event,  to  *  stand  and  *;ee 
'  the  salvation  of  the  Lord.*    Let  us  therefore 
take  tiie  hint  given  us  by  our  opposers :  let 
us  begin  in  earnest,  to  make  up  our  rnind^  ^ 
relative  to  the  extent  of  Reform  which  WM 
ought  to   seek;    be   prepared  to  justify  it* 
and  to  controvert  objections ;  let  us  tnodel 
the  whole  in  the  public  mind,  let  us  provide 
every  stake    and    stay    of  the    tabernacle, 
which   we  would  erect;  so  that,  when  the 
tabernacles  of  oppression,  in  the   palaces  c " 
antbition,  are  broken  down,  under  the  mad 
ness  and  folly  of  Ihcir  biipportcrs,  we  niayj 
then,   without    anarchy  and    all    dangerous i 
delay,     erect   at    once    our    taberoiKue    oCJ 
xiglitcousncss,  and  may  ^hc  Lord  himself  I 
in  it ! 

"  How  hurtful  to  the  feelings  of  a  reflection. 
mind,  to  look  back  to  the  wi etched  ^tate  ml 
which  the  Roman  monarchy,  enfeebled  anili 
broken  by  its  own  coTru|3tions,  left  Uie  nation*] 
which  it  had  isubjected,  like  sheep  without  f  I 
shepherd.  They  soon  became  a  prey  to  everyl 
invader,  because  tiicre  was  none  to  gather  off 
unite  them ;  had  ttiey,  foreseeing  the  evil,  a*i  J 
socialed  for  mutual  defence,  no  robber  wouldj 
have  been  able  to  enslave  them ;  they  woulcl^l 
have  given  laws  to  all  parties,  sis  well  as  torn 
themselves ;  all  separate  colonics  and  nationtl 
woukl  have  sought  their  alliance;  but  nof 
having  virtue  lo  associate  and  heal  the  divfc. 
aions,  and  root  out  the  selfish  spirit  whiclij 
ambition-fostering  governments  procure  tiil 
their  subjects,  they  fell  under  opnression9|| 
from  under  whose  iron  sccplcc  they  ha^'^J 
never  yet  been  able  to  deliver  themselves*       1 

"  We  may  suppose  an  event  which  we  de«  | 
precate,  nay  should  we  not  be  prepared  fof  1 
ever)'  oossible  issue  of  the  present  uoprecof  j 
dent'etf  divisions  of  mankind,  we  have  a  right] 
9  nsive  of  the  ahihties  of  our  m«»J 

J  so  afraid  lo  dt^it^n  ixom  \ 
cmtiit^  tiiat,  ukc  men  uJ  delaA»  vV^c^  mvy^ 


43J 


34  GEORGE  111. 


Trial  ofDnvid  l^imnU 


[41 


Tb«il  it  goes  on  ia  the  same  hand-wnUng,— 

*^  Citiseu  Gerraldt  in  an  energetic,  tind  aui* 
mated  addrc69»  tjxprtfssed  his  happiness  at  the 
motion  passed,  and  exposed  im  at  I  of  the 
Irish  parliiini     '        Ida  convention  dill, 

**  And  CI  I  'n    followed  him  in  a 

ni": '      '  >ved  the  influence  of  the 

ex  over  ihe  parliatnenl. 

V  i...v.i   .^..._.L  read  and  proposed  the 

following  I  notion ;  viz.  that  a  secret  com- 
mittee of  three  and  the  secretary,  be  ap- 
pointed»  to  determine  the  place  wnere  such 
Convention  of  Emergency  shall  meet :  thai 
audi  place  shall  remain  a  secret  with  them, 
and  witli  the  secretary  of  this  convention ; 
and  that  each  delegate  shall,  at  the  break- 
ing up  of  Hyt  present  ae&skon,  be  intrusted 
wiiki  a  sealed  irtler,  containing  llie  Dctme 
of  the  place  of  meeting.  ThU  letter  shall  be 
delivered  unopened,  lo  his  coa^Ui€i3is,  the 
receipt  of  which  bhall  be  acknowkcigad  by  a 
letter  to  the  secretary^  iireserved  in  the  same 
stat£,  until  the  period  m%\\  arrive,  at  which  it 
shill  be  deemed  necessary  for  the  dclegiite  to 
set  oft.  This  motion  was  seconded  b^v  citizen 
Moffat,  and  the  same  was  passed  unanimously. 

'*  The  following  citizens  were  nominated 
with  tlie  secretary,  a  secret  committee  on  tbis 
business;  viz.  Margaiot,  Jo.  Clerk,  and 
Browne,  and  they  were  requested  to  devjse 
the  best  possible  means  of  conveying  this  in- 
timation to  those  societies  whose  views  were 
the  same  with  ours,  but  may  not  have  dele- 
gates at  this  convention/* 

Ckrk  of  Arraigns. — This  is  a  ipaper  indors- 
ed, Mr.  S*mclair*s  Amendment  ot  iMr.  Callen- 
dcr's  Motion. 

**  That  the  convention,  considerinjg  tliecalor 
nwtousconsequences  ofan^act  of  the  fegislature 
which  may  tend  to  deprive  the  whole,  or  any 
part  of  the  people  of  their  undoubted  right  to 
meet,  cither  by  themselves,  or  by  delegation, 
to  discuss  any  matter  relative  to  their  common 
interest,  whether  of  a  public  or  private  nature, 
and  holding  the  .same  to  be  totally  iocop sis- 
lent  with  the  first  principles  and  safely  of  so- 
ciety, and  also  subversive  of  our  known  and 
acknowledged  constitutional  liberties,  do 
hereby  dechure,  before  God  and  the  worhl, 
that  we  shall  follow  the  wholesome  example 
of  former  times,  by  paying  no  regard  to  any 
act,  which  shall  militate  against  the  constitu- 
tion of  our  country,  and  shall  continue  to  as- 
semble, and  consider  of  the  best  means  by 
which  we  can  accomplish  a  real  representa- 
tion of  the  people,  and  annual  election  until 
compelled  lo  desist  by  superior  force. 

**  And  we  further  resolve,  that  the  first  no- 
tice given  for  the  introduction  of  a  Conven- 
tion oill,  or  any  bill  of  a  similar  tendency  to 
that  passed  in  Ireland  since  the  last  sc'jsion  of 
their  parliament ;  the  suspension  of  the  Ha- 
beas Corpus  act,  or  the  act  for  preventing 
wrongous  imprisonment  in  North  Britain,  and 
a^nst  undue  delays  in  trial,  which  will  ren-  | 
der  all  the  laws  for  the  protection  of  our  lives 
and  our  liberties  nugatory,  and  as  some  have 


avowed  their  intention  of  im 
iion  for  the  repeal  of  one  of  i 
of  an  invasion,  or  the  admis^MJa  oi  ;uiy  iw- 
reign  troops  whatsoever  into  Great  Hritain, 
or  Ireland, — all,  or  any  of  these,  shall  be  a 
signal  lo  the  several  delegates,  to  repair  lo 
&uch  place  as  the  conveuLion  siM  appoint; 
and  seven  members  shall  have  power  to  de- 
clare the  convention  pernjanent. 

"  Keiolved,  that  lue  dctcgatea  to  any  con* 
vention  meeting  under  any  of  th*  sr  ralacni- 
tuus    circumfe lances,  shall    i  ly    re- 

pair to  the  place  of  sitting,  an*!  iltinue 

until  the  number  be  twenty  •one,  and  Lben 
proceed  to  business. 

"The  convention  doth  therefore  rt 
that  each  delegate,  immedialely  on  his  n   j*  i 
home,  do  cunveoe  his  constituent,  and  c«* 
plain  to  lliem  the  necessity  ol' electing  a  dele* 
gule,  or  *h  '       I       II id  ot  estabhshing  a  ftmd 
without »!  ^t  any  of  thefee  eutergen- 

cics  for  lu!)  Ml  iia^r  expenses,  Hud  that  they 
do  instruct  the  s^iid  delegate,  or  delcgatea,  to 
hold  themselves  ready  to  depart,  at  an  hour's 
warning/* 

Paper  of  the  tltb  day'd  sitting  read,  dated 
30th  November,  1793. 

^'  A  motion  ot  David  Downie,  to  6nc  thofre 
members  who  did  not  attend  their  &ectionfi» 

**  Tiie  order  of  the  day  was  called  for, 

^  A  motion  tor  drawing  out  a  scroll  of  a  pe- 
tition lo  parliament,  which  being  read|  the 
order  oi  the  day  was  moved  upon  iV^ 

Paper  of  the  J2ih  Mtling  read,  dated» 
**  Monday,  ad  December,  1793,  first  year 
British  Convention. 

**  Citizen  John  Clark,  mason,in  lhechair,and 
citizens  Downie  and  Komanes,  assistants  at 
the  table. 

**  Read  the  minutes  of  the  last  sitting. 

**  Upon  its  being  raovedi  that  citizen  Smith's 
motion  ibr  petitfoning  parliainenl  be  dis^ 
cussed  iinmeaiately,  it  was  agreed,  that  citi- 
zen Smith  should  withdraw  it,  and  present 
another 

Cirrk  of  Arraigns — This  is  the  hand-wril- 
ingof  Aitcheson, 

••  Citizens  Alexander  Scott,  and  A,  Calen- 
dar moved,  that  the  British  Convei^tion  take 
uudcf  consideration  a  resolution  passed  at  the 
fast  meeting  of  the  Scots  Convention  to  peti- 
tion the  Commcns  House  of  parlLimcnl  tor  a 
parliamentary  reform. 

Citizens  James  Smith,  and  Peter  Wood, 
nioved,  that  ihb  Convent  ion  lake  under  con- 
sideration, whclhcr,  afttr  the  contemptible 
manner  in  which  the  late  petitions  for  parlia- 
mentary reform  were  treated,  they  shall  again 
petition  for  Reform,  or  at  what  period  tney 
should  recommend  the  same  to  their  consti- 
tuents, 

Li)rd  AdDQcatc^^ow  read  the  copy  of 
the  refsolulions  that  Tavlo?  proved. 

Cierk  of  Arraigns. —  rhese  are  the  general 
resolutions  made  at  the  general  meeti nj5  qf 
the  I^jndon  Corrcs^jonding  Society,  hehf  at 
the  Globe  tavem>  tlcet  Street,  on  Monday  20th 


Januiry,  4794,  citizen  John  Martin  in  the 
cbftir.  Tbc  following  address  to  the  people 
of  Great  Britain  and  Ireland,  was  read  and 
agreed  to. 

**  Citizens*— We  find  the  nation  involved  in 
a  w;ir,  by  which,  in  the  coarse  of  one  cam- 
paign, immense  numbers  of  our  countrynien 
nave  been  ulatightered,  a  vast  expense  has 
been  incurred:  our  trade,  commerce, and  ma- 
nufactures are  almost  destroyed,  and  many  of 
miT  manuKicturcrs  and  artists  are  mined,  and 
their  famihes  starving. 

"  To  add  to  our  affliction,  we  have  reason 
to  expect,  that  other  taxes  will  soon  be  added 
to  the  intolerable  load  of  imposts  and  impo- 
sitions, with  which  we  are  alreadjr  over- 
whelmed, for  the  purpose  of  defraying  the 
expenses  which  have  been  incurred  in  a  fruit- 
less crusade,  to  re-establish  the  odious  des- 
potism of  France. 

**  When  we  contemplate  the  principles  of 
this  war,  we  confess  ourselves  to  be  tmahle  to 
approve  of  it,  as  a  measure  either  of  justice  or 
discretion ;  and,  if  we  are  to  form  our  calcula- 
tion of  the  result,  from  what  has  already 
p«ssed,  we  can  only  look  forward  to  defeat, 
and  the  eternal  disgrace  of  the  British  name. 

"  While  we  are  thus  engaged  in  an  expen- 
sive and  ruinous  foreign  war,  our  slate  at 
home  is  not  less  deplorable. 

"  We  arc  every  day  told  by  those  persons 
who  arc  interested  in  supporting  the  corrup- 
tion list,  and  an  innumerable  host  of  sinecure 
placemen,  that  the  constitution  of  England 
Js  theperlection  of  human  wisdom  ;  that  our 
laws  (we  5.hould  rather  say  their  laws)  are 
the  perfeclion  of  juslice,  and  that  their  admi- 
nistration of  ttiosc  laws  is  so  impartial,  and  so 
ready^  as  to  afford  an  equal  remedy  both  to 
the  nch,  and  to  the  poor,  by  means  of  which 
we  arc  said  to  be  placed  in  a  state  of  absolute 
freedom;  and  tnat  our  rights,  and  liberties, 
are  so  well  secured  to  us.  as  lo  render  all  in- 
vasion of  them  impossible. 

••  When  we  ask  how  we  enjoy  these  trans- 
cendent privileges  we  are  referred  to  Magna 
Charta,  and  the  Bill  of  Rights;  and  the  glo- 
rious RcvoKitiou,  in  the  year  168^^  is  held  out 
tu  us  as  the  bulwark  of  British  Uberty. 

**  Citizens, 

**  We  have  referred  to  Magna  Charta  to  the 
Bill  of  Rights  and  the  lie  volution,  and  we 
certainly  do  find,  that  our  ancestors  did  esta- 
blish wise  and  wholesome  laws»  but  we  as 
fcttainly  find,  that  of  the  venerable  constitu- 
tion of  our  ancestors,  hardk  a  vestige  remains. 
I         "^  The  only   chapters  of'^  the  great  cliarter 
I     which  arc  now  in  legal  existence,  are  the  14th 
I    and  29tli, 

!        "  The  important  provision  of  the  14th  chap- 
!     icr  runs  thus  : 

"A  freeman  slmll  not  be  amerced  for  a 
small  fault,  hut  after  tht.-  manner  of  the  fault; 
and  for  a  great  taull,  after  tht-  greatness  there- 
of, saving  to  him  his  contcnement ;  and  a 
mcrcliani^  likewise,  saving  to  him  hi«  mer- 
chandise;  and  any  other's  villain  than  ours, 


shall  be  likewise  amercedi  saving  lo  him  his 
wainnge ;  and  none  of  the  said  amerciaments 
shall  be  assessed,  but  by  the  oath  of  honest 
and  lawful  men  of  the  vicinage. 

**  But  by  the  usurped  power  of  the  judges  in 
assessing  fines  (and  what  fines  I !)  in  the  cases 
of  raisdemeanor,  this  glorious  right  of  the 
fubject^  of  having  these  fines  assessed  by  the 
jury,  (the  only  possible  protection  from  sla- 
very, and  the  vilest  oppressiod)  ii  unjtistly^ 
and  infamously  ravished  from  us." 

*•  The  provision  of  the  aQth  chap,  nmft 
thu&: 

**  Na  freeman  shall  be  taken  or  imprisoned 
Of  be  disseised  of  his  freehold  or  liberties,  or 
free  customs,  or  be  out  la  wed,  or  exiled,  or 
any  otherwise  destroyed ;  nor  we  will  not  pass 
Mpon  him,  nor  condemn  him,  but  by  the  iaw^ 
ful  judgment  of  liis  peers,  or  by  the'law  of  the 
land;  we  will  sell  to  no  man,  we  will  not 
deny  or  defer  to  any  man,  either  justice  or 
right. 

**  The  various  methods  now  in  constant 
practice,  by  which  the  benefits  of  this  prori- 
sion  are  totally  defeated,  and  destroyed,  might 
induce  us  to  suppose  that  the  great  charter 
has  been  repealed,  if  we  did  not  assuredly 
know  it  ii*  the  fundamental  basis  of  our  con- 
stitution, which  even  the  real  representatives 
f)f  Ihe  people  (much  less  the  miserable  nomi- 
nees ot  Hclsloneand  old  Sarum)  have  not  tlie 
right,  nor  (as  we  tnis^t  H  will  be  found  by  ex- 
pericnce)  the  power  to  repeal ;  yet  what  do 
we  inntl  in  practice  ?  unconstitutional  and  ille- 
gal mforniatlons,  ex-ojjicio ;  that  is,  the  arbi- 
Uury  will  of  the  king^s  attorney  general, 
usurping  the  office  of  the  accusing  jury,  and 
the  interested  oath  of  a  vile  common  infor- 
mer, with  the  judgment  of  as  vile  a  common 
trading  or  pensioned  justice,  substituted  in 
Uie  room  of  our  birth-right,  and  impartial 
trial  by  oUr  country. 

•*  Add  to  thi*,  tliat  the  exorbitant  expense 
of  judicial  proceedings,  the  novel  practice  of 
arbitrarily  aud  repeatedly  aniiuiling  the  ver- 
dicts of  juries,  ana  the  dilatory  practice  of  the 
courts,  uiost  openly  and  shamefullv  contradict 
the  clavise  which  forbids  the  dcuial,  the  delay, 
and  the  sale  of  justice. 

**  A  man  accused  of  felony  (for  which,  by 
the  common  law  of  England,  his  life  and 
goods  are  forfeited)  may  be  bailed,  on  finding 
two  securities  for  40/.  each,  but  upon  a  charge 
of  misdemeanor,  by  words  only,  bail  to  the 
amoiml  oi  t,CM>0/.  has  been  demanded. 

"  Upon  conviction  also  for  such  misdemea- 
nor, enormous  fines,  long  and  cruel  tmpnson- 
inents,  unknown  to  our  ancient  Iliws,  and 
unsanctioned  by  any  new  statutes,  have  <rf 
late  (and  but  of  late}  been  too  frequently, 
and  too  oppressively  infiicted,  ami  all  this,  al- 
Ihongh  by  thiv  Bill  of  Rights  it  is  declared 
that  exrcHsive  bail  shall  not  be  demanded,  oor 
cruel  and  unusual  punishments  intlicled. 

»*  If  we  look  to  Ireland,  we  find  that  ac- 
knowledged privilege  of  the  people,  to  meet 
for  the  support  and  protection  of  their  a%ti.^ 


«7]  34  GEORGE  UL 

«]id  liberties,  is  attempted  by  terror  to  be  to- 
Icco  away,  by  a  Jute  infamous  act  of  parlia- 
.meut,  whibt  titles  of  honour— no,  but  of  dis- 
honour are  lavished,  and  new  sources  of  cor- 
rufition  opened,  to  gratify  tbe  greedy  prosti- 
tution of  those  wbo  are  the  instruments  of 
this  oppression. 

**  In  Scotland,  tbe  wicked  band  of  power 
has  been  impudently  exerted  without  even 
I  Jibe  wretched  foraialilyofanact  of  parUament, 
^lagistrales  hiive  forcibly  intruded  into  the 
jieacehil  and  lawful  meetings  of  freemen,  and 
by  force  (not  only  without  law  but  against 
I  law)  bavCf  under  colour  of  magisterial  office. 
Interrupted  their  deliberations,  and  prevented 
their  association. 

**  The  wisdom  and  good  conduct  of  the  Bri- 
tish Convention  at  Eainburgb,  has  been  such 
l«s  to  defy  their  bitterest  enemies  to  name  the 
I  law  which  they  have  broken ;    notwithstand- 
ing which,  their  papers  have  been  seized^ 
I  made  use  of  as  evidence  against  them,  and 
umy  virtuous   and  meritorious  individuals 
we  been,  as  cruelly  as  unjustly,  tor  their 
rirtuous  actions,  disgraced  and  destroyed  by 
Itufamous  and  illegal  sentences  of  transporta- 
.  tioo,  and  these  unjust  and  wicked  judgments 
have  been  executed  with  a  rancour  and  makg- 
nity  never  before  known  in  this  land.      Our 
i-tespectable  and  beloved  fellow  citizens  have 
^■heen  cast^  fettered,  into  dungeons,  amongst 
I  Telons  in  the  hulks,  to  which  they  were  not 
|«ntenrcd. 

"  Citizens;— Wc  all  approve  the  sentiments, 
I  *nd  arc  di:  tng  ihe  words,  for  which 

'.these  our  r<  and  valuable  brethren,are 

kthus  unjustly'  ;uid  inhumanly  suffering.  We 
loo  associate  in  order  to  obtain  a  fair,  free,  and 
[»full  representation  of  the  people,  in  a  house 
lofreal  national  representatives :  are  we  also 
WiUing  to  he  treated  as  felons,  for  claiming  this 
I  our  important  right,  which  we  are  determined 
Ifliever  to  forego  but  with  our  lives,  and  which 
T'liooe  but  thieves  and  traitors  can  wish  to  with- 
^bold  from  us  >  Consider,  it  is  one  and  the 
same  corrupt  and  cornipting  influence,  which 
It  this  lime  domineers  in  Ireland,  Scotland, 
ad  England,  Can  you  believe  that  those 
fiwrho  send  virtuous  Irishmen  and  Scotchmen, 
lettered  with  felons,  to  Botany  Bay,  do  not 
dilate,  and  will  not  attempt  to  seize  the 
nt  to  send  us  after  them  ?  Or,  if  we 
It  cause  to  apprehend  the  same  in- 
^treatment,  if,  instead  of  the  most  im- 
snl  danger,  we  were  in  perfect  safety 
'^*    -«-.-■",.      ■,,-.':-  ^^.  >,  ,    ■  ,,.  ^ny 

r  ho- 


ur vlikvcry  i^t  ouia«lv«o 


Trial  of  David  Dc/umie  [48 

and  our  posterity ;  will  you  wail  till  barnw.kj 
are  erected  in  every  village,  and  till  subbidixed 
Hessians  and  Hanoverians  are  upon  us  f 

**  You  may  ask,  perhaps,  by  what  meaDS 
shall  we  seek  redress  ? 

**  We  answer,  that  men  in  a  state  of  civi- 
lized society  arc  bound  to  seek  redress  of  their 
grievances  from  tlie  laws,  as  long  as  any  re* 
dress  can  be  obtained  by  the  laws-  but  our 
common  master  wlkom  we  serve  (whose  law 
I  is  a  law  of  liberty,  and  whose  service  is  per- 
fect freedom)  has  taught  us  not  to  expect  to 
eatber  grapes  from  thorns,  nor  6gs  from  thist^ 
les ;  we  roust  have  redress  from  our  own  Jaws» 
and  not  from  the  laws  of  our  plunderers^  ene> 
mics,  and  oppressors* 

"  There  is  no  redress  for  a  nation,  circum- 
stanced  as  we  arc,  but  in  a  fair,  free^  and 
full  representation  of  the  people/* 

"  Resolved, — That  during  the  ensuing  ses- 
sion of  parliament,  the  general  committee  of 
this  society  do  meet  dail>',  for  the  purpose  of 
watching  the  proceedings  of  the  parliament, 
and  of  the  administration  of  the  government 
of  tliis  country ;  and  that,  upon  tJie  first  in* 
troduction  of  any  bill  or  motion  inimical  to 
the  liberties  of  the  people,  such  as,  for  land- 
ing foreign  troops  in  Great  Britmn,  or  Ireland, 
for  suspending  the  Habeas  Corpus  act ;  for 
proclaiming  martiai  law;  or  for  preventing 
the  people  from  meeting  in  societies  for  coiw 
stitutional  information,  or  any  other  innovar 
tion  of  a  similar  nature;  that  on  any  of  these 
emergencies,  the  general  committee  thaU 
issue  summonses  to  tbe  delegates  of  eacli  divi- 
sion,  and  also  to  tbe  secretaries  of  the  differ- 
ent societies,  affiliated  and  corresponding 
with  this  society,  forthwith  to  call  a  genenu 
convention  of  tfie  people,  to  be  held  at  such 
a  place,  and  in  such  a  manner  as  shall  be 
specified  in  the  siunmons,  for  the  purpose  of 
taking  such  measures  into  their  considera- 
tion. 

**  Resolved,— That  the  preceding  address 
and  resolution  be  signed  ty  the  cbairm&ai 
and  printed  and  published. 

•*  J.  Maftin,  chairman. 
**T.  Hardy,  secretary." 

"  At  a  general  meeting  of  tlie London  Cor- 
responding Society,  held  on  tbe  green  at 
Chalk  Farm,  on  Monday  the  14tb  of  April, 
1794,  J.  Lovclt  in  the  chair, 

(The  following  letters  were  rcad»] 

"  To  tbe  chairman  of  the  society  of  the 
Friends  of  the  People." 

**  Sir ;— At  a  crisis  so  important  as  the  pre- 
sent, there  needs  ""     *    I.--.     ..,♦•- ^i  q( 

the  London  Corr.  Mi- 

dressing  itself  to  aL  ^...^-  .i..,^,. ;..,-.!  ...^,^ucs 
who  have  in  view  the  same  object  as  them- 
selves. 

*•  To  the  soiicly  of  tbe  rricudj*  of  the  Pco- 
pli-  fij -uuRnJ- are   not  w;inilnr>  to  show  tbe 

a  fuU 

!  Grc*t 

BuUiu.    ib€y  biive  mvcs^ug^ka  lae  lubjeci 


J 


m 


Jbr  High  Treason* 


§9i  ttoDJetvfs;    iHe^  have  <k  paged  to  the  | 
iporld  ft  scries  of  plaio  mid  mdiaputahle  fkcts,  | 
irbkll  fuuit  enclle  in  the  mind  of  every  man, 
•tildiipov^  lo  hx%  t<ni\\\ry,  apprehensions 
•f  ftfafm  (or  the  security-  of  the  xeyt  remain- 
ta|  veiiiges  of  hberty,  Xmni  which  as  Britons 
lit  derive  c«  I 
^  Dc^ly  with  considerations  of 

"'isiUt   ■  : I  Corresponding  Socie* 

it   lhi!»  lime,  the  con- 

.A     iLr.     .r.  u*1v   of  the 

MEmUorili  specdi- 

IfMllie  nm  1  admit, 

tOOtnrtcfitioii  I  cuds   ot  Freedom,  for 

r|Kifp«Mir«  n^,  in  a  legal  und  con- 

Qjcihodi  tt  mil  and  effectual   re* 

•Owr  Is  not  nmde  from  the  im- 

ijgMioii  .iioment,  bnt  af\er  the  ma- 

l«»Hklibtiatj*Ln  on  the  value  and  import- 
Met  <iC  the  object  for  which  we  are  contend* 
*^  ,  MmI  of  the  difhcitlties  we   may  expect 
Iboae  who^c    pre  Hen  I   in  t  tresis   render 
I  jj^t.i.,  i..  *),.,  ...Jt  ,,.>  oniit'ir  tuuntry, 
••  Thi  i*crsons  is  no  small 

*!'  our  cause;  and 
•  k '  ni pared  w ith  their 

■  [  -  a  depravity  un- 

pBftOeled,  ivc  ini^  nx  liic  ptige  of  histoiy. 

•*  lloiler  llic  a^l«picr*ofapo^tate  reformers, 
%tbive  lately  beheld  serious  and  alarming 
aQ«ichff%rf}t^  on  the  liberties  of  the  people. 

*•  Wc  '  rj,  with  finhgnalion  and  hor- 

Mti  li»f :  and   ptateably  assembled, 

W(nt>a   !>y    ttnconstitutionai  'powers^   and 

•We^ --    '  niir  most  virtuous 

ytlbft  has  been  an  imi- 

totifiil  V  !Sso«jia1es,  fecnten- 

cai  to  .ion,  without  the 

uf  prccedc!nt,    of 
r  one  wa^  heh*  up  in  the  British 
pnt,    a%     convicted  and   condemned, 
I !  Mjpon  bis  trial 

'  Tl>*  nipt*>  aljo  to  introduce 

\  Uu^^  \uU^  Ibis  country,  witht»ut  the 
lOKl  of  l*»rhameiit,  and  the  intended  bill 
Bil^''  (lis  miijesty*s   ser- 

\  «»i  ully   calculated  to 

iL^i  IMF  mr  f  xislcncc  even  of  the 

■e  t  nor  can  we   overlook   that 

lui  u-  ,  •  ^*   '"rcorniplion.  which 

nldfi^,  '  phmder,  a  tmia 

wmii  ^  •  society  than  so 

iiiAMkiis,  ^'^ed  bttsinessisi  to 

thi  firiei)  country,   one  by 

•  TbeNi  mtm  gri«vaiices  which  demand  im- 
Bcdalc  redrew  ;  and  when  added  to  those 
m^  vltfch  Rfp  nt-<c«^*'UF!ly  connected  with 
•ftrjr   '  ri   of  the   people, 

■ft  fc»T  ^m  of  every  lover 

if  l«icv.Hj(jiLry 

**  iWt  mti.  are  VtM  thai  the  present  Is  not 
te  tviw  icir  rduffTOi  and  that  in  novation  may 
Wm^mm  itftoHioiiix*  Arc  those  persons  U> 
J^p  «C  llw  ptoprr  tixue  to  make  a  reforoa^ 

VOL  XMV. 


A.  D.  im. 

who  exist  only  by  corniption  ?  Are  the  people 
of  Britain  to  endure  every  thing  without  re- 
pi  umg,  witbuul  ardently  seeking  a  radical  re- 
form, because  disturbances  may  happen? 
Have  the  enemies  to  reform  told  us  whence 
th^se  disturbances  aro  to  orit^iuate  ?  Has  a 
*u)^ie  overt  act  been  committed  by  the  triends 
to  iVecdom  }  Have  not  all  the  riols,  all  the 
public  disitr'    ■  nil  the  sedilions  asseni* 

lilies,  bc^ti  ihc  enemies  to  reform? 

-^And  do  I...  .  .,.,...;  to  tell  us,  that  they  will 
still  find  other  instruments  for  their  wicked 
designs, — thai  they  have  yet  tboHe  who  will 
act  over  a^aiii  the  outrages  that  have  beea 
perpetrated  in  some  parts  of  Dntain,  and  at- 
tempted in  others  ? 

**  If  such  is  the  determination  of  these  per* 
sons,  hostile  to  a  fair  representation,  let  them 
look  to  the  consemienccs :  but  let  them  recol- 
lect, that  it  has  nappened,  and  may  happen 
again,  that  those  who  kindled  the  flames, 
haveperishcd  by  them. 

"  The  Friends  to   Reform,  are  friends  to 
peace ;  their  principles  can  be  promoted  only 
ny  peaceable  means ;  they  know  of  no  other 
method  of  obtaining  the  object  they  desire.  ' 
But,  they  will  not  be  alanntd  by  the  threats  | 
of  venal  apostates;  they  wiN  not  drawback, 
because  they  have  seen  some  of  their  best  | 
friends  doomed  to  exile.    They  will  pursue 
the  course  in   which   they  have  begun,  and 
turn  neither  lo  the  right  nor  to  the  left, 

•*  Convinced,  as  the  London  Corresponding 
Society  is,  that  as  there  is  no   power  whicn 
ought,  so  there  is  no  power  which  can  finally  i 
withstand  the  just  and  steady  demands  of  ft  j 
people  resolved  to  be  free;  ihey  will,  there- 
tore,  look  with  confidence  to  the  determina-  ^ 
tioUj  and,  they  hope,  lo  the  co-opcraticn  of 
the  soriety  ctthe    Friend-i  of  the   People,  ia 
the  altiiinnienl  of  an  object  which   involve* 
the  dearest  interests  of  society. 

"Convinced,  also,  that  their  intentions  are 
of  the  purest  kind,  they  will  never  stoop  to 
answer  the  calumnies  of  their  enemies;  but  < 
will,  at  all  limes,  and   in  all  circumstances, 
endeavour,  by  firmness  and  perseverance,    to  i 
deserve  the  countenance  ana  appr<jbation  of  ^ 
the  best  Iriends  of  their  country,  the  friends 
of  a  fair  representation  of  the  people  of  Great 

Britain. 1  am,   Sir,  —lor  the  Londoa 

Corresponding  Sociciy» 

<*  April  4.  1794.       Thou 4^  Hardy,  sec.^ 

"  CmmitUt  Hoowi*,  FHtk  Street, 

'*  April  nth  1794. 
**  Sir  ;^ Your  letter  of  the  4th  insUnt,  ad- 
dressed to  Mr,  Sheridan,  Chairman  of  the 
Friends  of  the  People,  was  laid  before  the 
society,  at  their  meeting  on  Saturday  last : 
and  they  inslrnried  their  committee  to  thank 
tlie  London  Corresponding  Society  for  their 
communication,  and  to  express  the  alarm 
they  feel  in  conmion  with  every  friend  of  h- 
berty,  at  tlie  late  extraordinary  proceedinaj 
of  governmput,  so  ably  delaileiL  Jvnd  so  juwjfl 
reprobated  by  your  society. 


U  GEORGE  IIL 

"  They  assure  you,  lUat  all  the  Friends  of 
Refortt]^  may  look  wilh  coutidence  to  the  dc« 
tennlQatioD  and  CO  opemUun  of  this  society^ 
ill  every  peaceahlo  and  cunslitutional  mea- 
sure, which  shall  appear  to  them  calculated 
to  promote  the  object  of  their  iDSlitution ;  but 
t^ey  do  not  think  that  which  is  recommended 
in  your  letter,  is  likely  to  serve  its  professed 
purpose.  Tliey  fear  it  sv\\\  furnish  the  ene- 
mies af  reform  wilh  the  mean^  of  calumnia- 
ting its  advocates;  and  so  far  from  forward- 
JAg  the  cause,  will  deter  many  from  coun- 
tenancing that  wliicb  they  approve:  For 
these  reasons,  the  Friends  of  the  People  mual 
decline  to  scifd  delegates  to  the  convention 
proposed  by  the  London  Corresjiondin^r  So- 
ciety :  At  the  same  lime,  they  renew  their 
assurances  of  good  will,  and  desire  of  pre- 
serving a  proper  understanding; and  cordiality 
among  all  the  friends  of  parliamentary  rc- 
fornij  no Iw ah 8 lauding  any  difference  of  opi- 
nion that  may  occur^  as  to  the  best  method 
of  accomplishing  It.  In  name,  and  by  order 
of  the  committee. 

"  VV.  B a ETOK,  chairman, 

"To  Mr.  71  Hardy,  sec.  to  the  Lon- 
don Corresponding  Society.'* 

"  The  fol lowing  resolutions  were  then  passed 
Uttimmoudy : 

*'  Resolved  unanimously, 

Ibt,  "That this  society  have  beheld,  with 
ming  indignation,  proportioned  to  the  enor- 
mity of  the  evil,  tiie  late  rapid  advances  of 
despotism  in  Britain ;  the  invasion  of  public 
security;  the  contempt  of  popular  opinion, 
and  llie  violation  of  all  those  provisions  of 
the  constitution,  intended  to  protect  the  peo- 
ple against  the  encroachments  of  power  and 
prerogative, 

^d,  "  That  our  abhorrence  and  detestation 
have  been  particularly  called  forth,  by  the 
late  arbitrary  and  flagitious  proceedings  of 
the  court  of  justiciary  m  Scotland,  where  all 
the  doctrines  and  practices  of  the  star-cham- 
ber^ in  the  times  of  Choites  Ist,  have  been 
revived  and  aggravated,  and  where  sentences 
Jiave  been  pronounced,  in  open  violalion  of 
all  law  ana  justice,  which  must  strike  deep 
inlo  the  heart  of  every  nmn  the  mcluntiholy 
conviction,  that  Brilons  are  no  iongcr  lr*re. 

3d, "  That  the  whole  proceedings  of  the 
Jatc  Britisb  convention  of  ihc  people  at  Edin- 
Vurch,  arc  such  as  claim  our  approbation  and 
applause* 

4lh,  "That the  conduct  of  citizens  Mar- 

[  guot  and  Gcrrald,  in  particular,  by  its  strict 

[  conformity  with  our  wiahc5  and   instructions. 

and  the  ability,  fairness,  and  disinterested  pa- 

liiolism  which  it  so  cnuncnily  displayed,  has 

inspired  auenlhusidsm  of  zeal  and  attachment, 

'  fvhich  no  time  can  oblilrrate,  and  no  prosecu- 

rcmc»v<»;and  thai  ^c  will  preserve  their 

c>i  engfuven  on  our  heatrls,  till  wa  have 

ft  opiwrttniity  to  redress  their  wrongs. 

5tli,  '"^  Thai  any  attempt  to  violate   those 

jcmaiiiuig  law*,  which  are  iiitcnded  lor 


Trial  of  David  Dcmnit 

the  security  of  Englishmen,  against  the  tyran- 
ny of  courOf  and  minister*,  and  the  corrup- 
tion of  dependent  judges,  by  vesting  in  such 
judges  a  legislative  or  arbitrary  power  (such 
as  has  lately  been  exercised  by  the  court  of 
justiciary  in  Scotland)  ought  to  be  considered 
as  dissolving  entirely  the  social  compact  be* 
tween  the  English  nation  and  the  governors, 
and  driving  tiiem  to  an  immediate  appeal  t# 
that  incontrovertible  maxim  of  eternal  justice, 
that  ihe  safety  of  the  people  is  the  supreme, 
and,  in  case  of  necessity,  the  only  law. 

6lh,  "  That  the  arming  and  disci phning  in 
this  country,  cither  with  or  without  the  con- 
sent of  parliament,  any  bands  of  emigrants 
and  loi  eigners,  driven  from  their  own  country 
for  their  known  attachment  to  an  infamous 
despotism,  is  an  outrageous  attempt  to  over- 
awe and  intimidate  the  free  spirit  of  Britons; 
to  subjugate  them  to  an  army  of  mercenary 
cut  throats,  whose  views  and  interests  must 
of  necessity  be  in  direct  opposition  to  those 
of  the  nation ;  and  that  no  pretence  whatever 
ought  to  induce  the  people  to  bubmit  to  so 
unconstitutional  a  measure, 

?tb,  '*  That  the  untonBlitutional  project  of 
raising  money  and  troops  by  forced  benevo- 
lences (and  no  benevolences  collected  upon 
requisition  from  the  king  or  his  ministers, 
can  ever  in  reality  be  voluntary,  and  the  equal- 
ly unjustifiable  measure  of  arming  one  part 
of  the  people  against  the  other,  brought 
Charles  the  First  to  the  block,  and  drove 
James  tlie  Second  and  bis  posterity  from  the 
throne;  and  that  consequently  mmietcrs,  in 
advising  such  measures,  ought  to  consider 
whether  they  are  not  guilty  ol  high  treason. 

£th,  **  That  if  lis  society  liavc  beheld  wiik 
considerable  pleasure,  the  consistent  respect 
which  tlic  House  of  Lords  displayed  for  their 
own  constitutional  rules  and  orders,  on  the 
fourth  of  the  present  month,  upon  the  moboa 
of  earl  Stanhope,  conccniing  the  interference 
of  ministers  in  the  internal  government  of 
France,  and  that  it  is  the  firm  conviction  of 
this  society,  that  this  circumstance,  when 
j^ropcrly  detailed,  will  have  a  considerable  ef- 
fect in  convincing  the  country  at  large,  of  the 
true  dignity  and  utility  of  that  branch  of  his 
majesty's  parliament. 

Vilj,"  *'  Tliat  the  thanks  of  this  roeetlne  be 
given  to  earl  Stanhope,  for  his  manly  ano^ pa- 
triotic conduct,  during  the  present  session  of 
parliament,  a  conduct  which  (unsupported  as 
U  has  been  in  the  senate,  uf  which  he  is  sa 
truly  honourable  a  member)  has,  together 
with  the  timely  interference  of  certain  spU 
rited  and  patriotic  associationt^  been  never- 
theless alrcacfy  productive  of  the  salutary  ef- 
fect of  chasing  the  Hessian  and  Hanoverian 
mercenaries  from  our  coasts,  who,but  for  these 
exertions,  might  have  been  marched  ere  this 
m to  the  very  heart  of  ^'  i  fry,  together 

with  others' of  their  n,   to   have 

peopled  the  barracks  w*,m.ii  tvtry  where  ia- 
iult  the  eyes  of  Kritons, 

lOib,  '♦That  It  is  the  firm  cojivicti^n  ef  this 


SSI 


Jbr  High  rraiioii* 


libm,  tliAi  ft  sieftdjr  persererance  in  tlie 
MaKbald  aiid  energetic  teutimcnts  which 
Ittft  Itlely  been  &vowcd  by  the  friends  of 
I  cmnnot  fail  of  crowQin^  with  ulli- 
pk  the  virtuous  cause  in  which  we 
itnce,  whatever  may  be  the  in- 
vpiDion  of  hereditary  seDator^,  or 
llMi}0HriUes  of  pretended  rcpresfDta- 
truth  atid  liberty,  in  an  a^e  so  en- 
Ii|blc]>ed  MM  the  present,  must  be  invincible 
mi  iMBiii  potest/' 

"  Ttib  sodety  having  addressed  Mr.  Mar- 
mtA^  their  delegate,  an  address  to]  Joseph 
UcifBld  wft3  n^  as  follows,  and  carried  una- 
ihBOtialjr;^ 

'  To  losefih  Gerrald,  a  prboner,  sentenced 
f  Mgh  court  of  jusliciary  of  Scotland,  to 

tSliAD  bevond  the  seas  for  14  years. 
iTe  behold  tn  you,  our  beloved  and  res- 
pded  5iei3d  kud  fehow-citizeo,  a  martyr  to 
tk§  glorious  cause  of  equal  representation ; 
Md  «e  cmnoot  permit  you  to  leave  this  do- 
fvtdsd  eoniotry,  without  expressing  the  infi* 
■its  oliiintioc»s  the  people  at  large,  and  we 
ill  pirtkiuar  owe  to  you,  for  your  very  spi- 
liild  esotions  in  that  cause  upon  every  occa- 
^bm ;  ImiI  upon  none  more  conspicuously  than 
dviag  the  attting  of  tltc  British  Convention 
^"  I  pec^le  St  Bdinbur^h^  and  the  conse- 
Mding  (we  will  not  call  it  a  trial) 
'  of  the  court  of  justiciary. 
"  W©  know  not  what  most  deserves  oar 
aiadaHk/Of  the  splendid  talents  with  which 
Jon  are  to  eminently  distinguished,  the  ex- 
illid  ^tftucs  by  which  they  have  been  di- 
ted«d|  the  per^verance  and  undaunted  firm- 
Btitimlch  ^ou  so  nobly  displayed,  in  resisting 
the  Wfooga  of  your  insulted  and  oppressed 
OBVBtiy,  or  your  present  manly  and  philoso- 
[  ibfleriog,  under  an  arbitrdT)',  and,  till 
L  iinproccdcnted  sentence, — a  sentence, 
_/llie  niQist  ^ndictive  and  cruel  that  has 
I  pmonttced,  since  tlie  days  of  that  most 
i  and  cver-lo- be- detested  court  of 
_jiberv  the  enormous  tvranny  of  which 
I  int  Cliarlcs  his  head, 
lyoUy&nd  to  your  <^aociates,  we  feel 
•  eso^t  deeply  indebted.  For  us  it  is 
larr  -  the  sentence  of  trans- 

,  the  vilest  outcasts  of 
^»  ihatyou  arc  condemned 
I  ^'?  shores  of  New  Holland, 

,  h4>wcTt"r,  we  doubt  not  you  wdl  expe- 
ooQMitenible  alleviation,  by  the  re- 
^of  th&t  virtuous  conduct  for  which 
il  ii  InpOied  ofi  you,  and  by  the  sincere  re- 
fB4  and  Mteem  of  your  fellow  citizens ! 
'^Ibt  Ci|ual  hiws  of  tills  country  have  for 
Mllieeo  the  boa&t  of  its  inhubitants; 
tsiUier  are  itiey  now  rted  ?  We  are  ani- 
by  the  same  sentiments,  are  daily  re* 
t  Uie  same  words,  and  committing  the 
■iBt  artiotM,  for  whkh  you  are  thus  infa* 
WMaK  lid  we  will  repeat  and 

ttBiWMt  have  obiaiQC'd  redress ; 

t«t  are  uii^'uuiiuvii  j  eithcfi  tbereft^re,  the 


A,  D.  1794.  [31 

law  is  uqjust  towards  ynu,  m  mi^icting  pu- 
nishment on  the  exertions  of  virtue  and  ta- 
lents, or  it  ought  not  to  deprive  us  of  our 
share  in  the^^lorj'  of  the  martyrdom. 

"  Wc  agam  therefore  pledge  ourselves  to 
you,  and  to  our  country,  never  to  cease  de- 
manding our  rights  from  those  who  have 
usurped  themi  until,  having  obtained  an  equal 
representation  of  the  people,  we  shall  be  ena- 
bled to  hail  you  once  more  with  triumph  t> 
your  native  country.  We  wish  you  health 
and  happiness,  and  be  assured,  we  never, 
never,  shall  forget  your  name,  your  viriues^ 
nor  your  great  example* 

"  The  London  Conesponding  Society. 

*'T,  Haedy,  secretary* 
"  J.LovETTj  chairman. 
April  14tb,  1794." 

*'  It  was  also  unanimously  resolved  : 
"That  the  commillee  of  correspondence 
be  directed  to  convey  the  approbation  of  this 
society,  1st,  to  Archihald  II  ami  I  ton  Ho  wan, 
prisoner  in  tlie  Newgate  of  the  city  of  Dublin , 
for  his  unshaken  attachment  to  the  people ^ 
and  for  his  spirited  assertion  of  their  rights. 

2.  "  To  John  Philpot  Curran,  lor  his  admi- 
rable and  energetic  defence  of  A,  H.  Ho  wan,* 
and  the  principles  of  liberty,  as  well  as  for  liis 
patriotic  conduct  in  parliament. 

3*  **  To  the  society  of  United  Irishmen  In 
DubUn,  and  to  exhort  ihcir.  to  persevere  ia 
their  exertions  to  obtain  justice  for  the  people 
of  Ireland. 

4.  "  To  Skirving,  Palmer,  and  Muir,  suffer- 
ing the  same  iniquitous  sentences,  and  in  the 
same  cause  with  our  delegates. 

5.  "  To  John  Clark,  and  Alexander  Reid, 
for  their  so  readily  and  di?sinttresledly  giving 
bail  for  our  delegates,  ini-tigatod  thereto  solely 
by  their  attachment  to  hhtriy,  uninliueaccJ 
by  any  personal  consldcralion, 

6.  "To  Adam  Gillieb^  Malcolm  Laing,and 
James  Gibson,  for  their  able  assistance  given 
to  Joseph  Gerrald,  at  the  bar  of  the  high 
court  of  justiciary  at  Edinhurgh. 

7.  **  To  felicitate  Thomas  Walker  f  of  Man- 
cbester^  and  tlie  people  at  large,  on  the  event 
of  his,  as  well  as  several  other  late  trials,  and 
on  the  developement  of  the  infamy  of  a  sys- 
tem of  spies  and  informers. 

8.  **  To  Sir  Joseph  Maw  bey,  for  his  manly 
conduct  at  the  late  surreptitious  meeting  held 
at  Epsom  in  Surry, 

'*  It  was  also  unanimously  resoh*ed, 
"  That  800,000  copies  of  ttie  proceedingi 
and  resolutions  of  this  meeling  be  printed  and 
published. 

"  J.  LovETT,  chairman. 
"T.  liAunr^  secretary. 

"Hcsolvcd,  That  the  thanks  ofth  is  meet- 
ing be  given  to  the  chairman  for  his  manly 
and  impartial  conduct  this  day. 

**  T.  Hardy,  secretary." 

•  See  it^  ant^  Vol  99«  p.  1066. 

f  See  his  tnal,  mU^  Vol  33,  p.  1051. 


U]  U  GEORGE  IlL 

Lord  Advocate. — ^Tbb  is    s  printed  Icilcr^  [ 
iwom  to  be  found  in    Hardy's  possession^ 
algned  T,  Hardy^  secretary  to  the  CkirrespoEi*  | 
ding  Sotiery- 

"  Citizens  I--' The  critiral  momrni  i*  ar-  ' 
rived. and  Dritons  must  either  assert  with  xeal 
I  mud  firnmcs^  their  tUims  lu  tiberty,  or  yield, 
without  rcs^ivtance,  to  Uic  chains  that  minis- 
lerial  usurpnticm   if.  forging  for  Ihein: — will 
yo\i  CO  optTiile  with  u*.  in  the  only  peaccahle 
measure  thiil  now  presents  \iitU\  with  any 
ptosipect  of  success  ? — we  need  not  intimate 
10  yon  thjit,  notwiihstntHling  the  tmpardlleled 
audacilv  of  a  curn*j>l  und  over-bearing  faction, 
vrhich  at  present  tramples  on  the  rights  and 
lib-Ttk-^  uf  ihe  people,  our  nieeiings  cannot  in 
Kngluiirl  he  inlcrmpled,  whhoul  iiie  previous  I 
adoption  (fa  convention  bill ;— a  measure  it  ' 
is  our  duly  w  anticipate,  that  the  ties  of  union  I 
may  he  more  tirmly  drawn,  and  the  nenli-  i 
iwents  and   views  of  the  different  societies 
throughout  the  nation  be  compared,  while  it 
is  yet  in  out  power,  so  as  to  guide  and  direct 
the  future  operations  of  the  Friend*  of  Free* 
dom.     House,  then,  to   one  exertion  more, 
and  let  us  »how  our  consciousnefis  of  this  im-  I 
|)ortant  truth,— If  wc  are  to  be  beaten  down  • 
willi  threats,  prosecutions,  and  illegal  sen-  , 
lence*,  we  are  unworthy,  we  arc  incapable  of  i 
Jibcrt^ ;  we  mui^t,  however,  be  expeditious ;  ' 
Hcssfau**  unci   Austrian!*  arc  already  among  i 
US;  and  if  we  tamely  submit,  a  cloud  of  these  ! 
armed  barbarian  I  may  svhortly  be  poured  in 
upon  us ;   let  us  form  then  another  British 
Convention.     We  have  a  central  situation 
in  our  view,  which  we  bdicve  would  be  most 
convenient  for  the  whole  i?»land,  but  which  we 
forbear  to  mention   (cntrcatinE  your  confi- 
dence in  this  parlicuhir),  till  we  nave  the  an- 
swer of  the  societies  with  which  we  are  in 
correspontlent'C ;  let  us  have  your  answer,  then, 
by  the  'JUth  at  t'drtliest,  earlier  if  possible, 

whether  ^    -"^ac  of  the  measure,  and  how 

tnany  t\*  i  can  send,  with  the  num- 

ber also  j!  I  L  ol' your  societies. — We  re- 

main yours^  m  civic    affection,  the  Londcin 
Corresponding  Society. 

"T.Hardy,  secretary. 

**  For  the  management  of  this  business  we 

have  appointed  n  secret  committee;  you  will 

judge  bow  for  it  is  necessary  for  you  to  do  the 

fame." 

George  Btm  sworn. 

Xorrf  Jdvacute.—MT.  Ross  yoti  wcrt  ifi  the 
Cjazettecr  office  ? — Yes. 

Di>  you  know  of  any  society  or  club  meet- 
ing in  your  house,  in  Jririiiiifv,  February,  ar»d 
March  last,  after  »  i  jn  of  the  Uritish 

Conrrfitt«?n  *— t  '  '  was  a  society  of 

pi-i' 

'  jptionP-^I  have  heatd 

it '  uauiiUt:  ut  t  luun,  or  MimothiDg 

ot 

•  rsoDt  lliat  Mpeatod  to  you 
t£>  nuoittaV^tlW  ncffOBm  who 

ca  Lij^  utt:i  V 1^  I  acre  was  a  Mr.  Watt,  a  Mr. 
aiockf  aotnetimes. 


Trial  of  David  Dawnie 


[56 


Who  was  Stock  ?— 1  believe  he  i*ai  a  Stu- 
dent.   There  was  a  Mr  Downie. 

Wa*  that  the  man  at  the  bar  ?— Yet,— and 
Mr.  Donthrone^ — I  do  not  know  iha  exarl 
number  that  met,  they  met  several  limes. 

Whs  ii»erc  ever  a  larger  number  met  than 
these  four?— I  believe  there  wa^  a  larger 
number;  but,  as  I  said  before,  if  there  were 
two  com niit tecs,  the  amaller  coram itiee  met 
with  the  lareer,  i  sunpoie. 

Then  am  I  to  unaersland  there  were  two 
commiLteef^?^-!  cannot  he  certain  of  that, 
because  1  did  not  belong  to  any  myself 

Did  you  ever  receive  any  printed  letters 
from  a  society  calHng  themselves  the  London 
Corresponding  Society?— Did  yuM  ever  re- 
ceive h-om  the  London  Concspduding  Soricty 
any  written  or  printed  letters? — I  never  did. 

Did  you  ever  receive  from  any  person  whatf 
ever,  letters  of  that  kind  ?— To  the  best  of  my 
recoilcction  I  received  one  from  Mr.  Stock . 
That  you  mentioned  before  ? — Yes, 
Do  you  know  the  import  or  fiubject  of  il^ 
— From  the  import  of  those  letters,  I  saw  Ihe 
purpose  was  to  tend  them  to  societies  in  tho 
countr)'.     I  accordingly  did  so. 

Look  at  that,^is  that  one^-^That  is  olMOf 
them. 
Is  it  your  hand  writing?^!  think  it  i». 
Look  at  the  address  ?— -As  far  as  1  know 
that  is  one  that  I  sent 

r>o  you  sec  the  post  mark  upon  it  ? — ^I  sea 
threepence  here,  the  price  of  postaite. 

Did  you  send  any  to  Tcrlh  ?— That  is  tha 
one  I  sent  to  Fertlu 

Any  other  towns  ?— To  four  towns ;  Perth, 
Paisley.  Slruthaven,  and  another  place. 

£iirl/  AflvfKdH, — This  is  addre5*?cd  to  Mr* 
WttUer  Miller,  Perth  ;  the  words  arc  these  io 
his  liand :  **  show  this  to  your  friendSj  and 
send  an  answer  to  George  Hoss,  Liberty-court, 
Fxlinburgh;  nothing  but  ready  money  sub* 
scriptions  received. 

H'ifnfw,— The  post  mark  is  March  6lh  or 
8th. 

It  was  about  that  time  you  received  them 
from  Stock  ?— To  the  best  of  niy  knowledge 
I  received  them  from  Stock;  1  do  not  partieu* 
larly  remember  wliat  time. 

Where  did  you  receive  them  from  him  } — I 
suppose  in  my  own  house;  I  cannot  be  ccT* 
tain. 

Do  you  remember  what  time  ?^  do  not 
remember  the  time,  but  it  was  from  him  I  rc* 
ccived  them. 

Mr.  i^uthn  ^\  have  no  questions  to  ask 
this  ti  ;<riioner  has. 

(The  3  he  luid  no  quesLion  t0 

aiky. 

W linen  (to  tht  lord  Advocate).— Am  I  «t 
liberty  to  go  away  after  this  t 

Lord  Advocut§,—''Sov  at  present ;— I  do  1 
Mieaii  Io  keep  you  a  moment  longer  here  T 
is  absoltrtrly  ntcciaary. 

WdlUm  Al'Cwfcfcm  swoin. 

Mr,  4iKCratf  A<r.^Wh«l  ire  jrtnt  t^A  wriUc 


^T  High  Trcamn* 
ITfre  jrou  one  of  the  Frienib  of  the  People  ? 

yriti  know  toy  iHinij  of  a  comtuillee, 
ilcd  thrCofxiinitteeOf  Union?— I  know  very 
fiuic  iilnjut  It— ii  eitslied  eoine  lime  btfare  I 
w%»  a  mnnbCY  of  it, 

Wrrr  you  a  member  of  it  ?— Yes,  I  was ;  I 

vi^  ibcTC  IJOC1?,  t»T  twice,  I  believe. 

Upon  wh*i  occusion  were  you  elected  ? — 

vns, — tt  young  rai*n  of  the  name 

^    ]      net]  to  be  a  member  of 

>,ti»rbance4  al  ihe  Thea- 

vet  to  keep  the  peace, 

r  for  liim  to  do  tJiat  bn- 

;        ,    ii  me.    I  said  I  thought 

iuit  my  convenience,  but  I  at 

b»i  aceepteil  it. 

Tpofi  thin  person  being  bonnd  over  to  keep 
lb»  p<K««  yoii  %t  last  accepted  it  ? — Yem^  Bir. 
Iflwi  wftt  Ihit  commiltee  to  do?--!  never 
L  what  it  was  to  do^  but  I  unders^tood 
tit  bft  m  uiiioD  of  ail  the  societies  in  £din- 


it  to  do? — I  understood  it  was 
niea&ures  Ibr  calling  another  con- 
co-ojitrate  with  the  Commiltee  of 
for  forwarding  the  money. 
Wbo  were  members  ? — There  were  a  great 

Do  yoa  rejiiember  any  of  them  ^    Was  the 
'ftineaiber  of  it? — Yes,  I  believe  he 


Too  iiid,  yot}  under¥<tood  it  waa  for  taking 
MMttre*  for  calling  another  convention  - 
liiicomneQlioii  was  it  to  bef — I  understood 
Bl&tf  Ui  I  hi"  liif^t. 

mean  by  the  last  ?~The  Bri- 

"   -  :  abotii  the  Com  m  i  1 1  ee 

rlu^t? — I  understood  the 

r^  to  l^e  for  the  purpose 

1  the  first  place,  to  pay 

Hi]    in  the  next  place, 

turpose,  and  those 

[IS ;  and  in  the  next 

e,  tM««^i«i4  luuiiiiy   to  (support  the  dete- 

^  ^  that  new  convention  ;  that  is  what 

.-.-ilood, 

>  j\M  know  where  the  convention  was  to 
rl!— No,  I  do  not. 

Waa  it  io  be  in  Scotland  or  England  ? — I 
frtn  England ;  1  do  not  know. 
_  e  not  Ike  delegates  to  do  something 
lieaiiles  re/f -■"-   money? — It  waa  to 
pBbir  eoDtimer  imderstand  several 

fBMQi^^i' ft^«i  ..-11  about  the  reform ; 

iMbe  wiabr  rrsai  suftVage,  and  un-' 

^oal^fTiai  li'^rs  thought  it  a  violent 

lii  '  was  to  consider  about  that 

^---,  It  could  be  obtained* 

•  X^ntf  ^i^ij«%itic  — Were  you  a  collector?— 
>l,  !  wii«« 

the  other  collectors,  to 

i>d»of  the  People  to  col- 

puiKjti?,  or  waa  there  a  particular 

il^ed^— There  was  a   particular 

IgM  la  tl»iD,  but  it  was  oot  un* 


jidi. 


A.D.  1794,  \b% 

derstood  they  were  cotifined  to  it ;  it  was  ac- 
cording to  the  place  where  they  hved. 

Was  it  by  dividing  the  districts?— It  was 
to  be  the  New  Town,  the  south  side  of  the 
town,  the  Lawn  Market,  and  the  Canongalc. 

To  whom  was  the  money  lo  be  paid  ?*-l 
do  not  know,  it  was  to  be  accounted  for  in 
the  committee,  and  they  were  to  appoint  some 
persons. 

Who  were  to  appoint  them  ? — ^The  collec- 
torf ;  and  I  understood  they  were  to  be  re- 
spons-ible  for  money  paid. 

Whom  were  they  to  pay  it  over  to? — It  wai 
not  mentioned. 

Who  was  treasurer? — I  understood  Mr, 
Downie  was  treasurer. 

Was  he  treasurer  to  the  cororoittee,  or  col* 
lectors  ?— He  was  treasurer  to  the  whole. 

Do  you  know  a  man  they  called  John  Fair- 
Icy  ?.^Yes, 

Was  he  a  collecter? — ^Ycs,  be  was. 

Was  he  distinguished  from  the  other  col*  I 
lectors  by  any  ap)>ointmeut  ? — I  came  in  one 
ni^ht,  and  they  were  met,  and  I  went  out  and  J 
left  them;   they  wished  me  much  to  be  in | 
when  I  came  into  the  room,  they  told  ma 
they  had  been  doing  some  business  %   that 
John  FairleY  had  been  appointed  a  convener! 
I  was  a  lillle  astonished;  1  said  nothing,  and  j 
they  were  to  give  in  printed  papers  for  them 
to  collect  money. 

Why  were  you  astonished  ? — I  was  a  litde 
a»toni^hed  upon  his  being  appointed  a  penn^i- J 
nent  convener.  '  J  r 

Was  he  to  be  changed  every  week,  ofj 
month  ?— 'I  know  nothing  of  that. 

W  hy  did  you  use  the  word  permanent ;— It ! 
was  oi'ily  that  he  was  to  convene  us,  and  sit  1 
always. 

Sit  always,— for  what? — As  convener. 

Were  you  at  the  British  Convention  the 
night  it  was  dispersed? — Yes,  I  was. 

Who  dispersed  it  ? — It  was  the  lord  provost,  1 

What  did  the  lord  provost  do? — He  asked  ' 
if  this  was  the  Oritish  Convention,  and  the  J 
president  said  it  waa. 

Who  was  president  f— I  beUeve  it  wai 
Samuel  Paterson. 

Tell  uf  what  the  provost  said?— *The  pro- 
vost said,  he  could  not  allow  any  such  tw^et*  j 
ing  to  be  held,  and  he  desired  the  presidenf  I 
to  leave  the  chair;  he  said  he  could  not  pro-M 
perly  leave  the  chair,  without  the  permission  | 
of  the  convention ;  but  as  he  had  got  leave  I 
before  that  to  leave  the  chair,  he  was  jiisl  go*  I 
ing,  and  he  would  go ;  and  a  call  was  toi;| 
some  other  person  to  take  the  chair,  and  Mr.'  j 
Brown,  of  bheffield,  took  the  chair. 

Lord  Adtocate. — Recollect  and  tell  Brown'! 
situation;  what  did  Brown  say  to  the  nro%'o«t/J 
or  the  provost  to  him  ?— Brown  ^aia,  as  he 
was  appointed  by  the  unanimous  voice  of  ihef  1 
convention,  he  could  not  leave  it  without! 
leave  of  the  convention;    the  lord  provost! 
said,  he  must  leave  the  chair;   he  had  beei^I 
deficient,  he  said,  in  his  duty,  or  he  would 
have  didpersed  them  before.  '  The  lord 

1 


vost  said  the  proceedings  were  seditiowt  ot  in- 
flammatory ;  and  Brown  said,  the  publica- 
tion of  their  prucef dings  tended  to  show 
that  their  meelin^s  were  of  a  constitutional 
nature^  and  Ihcy  Kept  open  doors  to  every 
person  that  chose  to  come ;  the  provost  said 
lie  must  leave  the  chair ;  he  &aid  he  would 
i^ot  do  it,  without  superior  force.  Skirvin^ 
observed,  he  could  not  leave  the  chair,  and 
ihey  would  not  allow  themselvci*  to  disprrse 
without  force ;  it  was  agreed  they  sliould  cull 
in  their  force,  and  we  should  file  oft'  to  tlie 
©thee  side  of  the  ball ;  but  Ihe  constable  came 
jn^  and  the  lord  provost  pulled  Urowu  from 
the  chair.  Some  person  moved ^  as  they  had 
been  dispersed  there,  they  should  go  to  the 
C'anongate  Mason  Lodge. 

Did  you  go  there  ?— Yes. 

What  parsed  there  ?— A  vote  passed  there, 
that  we  were  permafieut. 

How  Jong  did  you  sit  it  the  Canongate^ 
sfter  you  voted  that  you  were  permanent  ^ —  i 
Not  long. 

How  came  you  to  separate  then? — We 
thought  it  unnecessary  to  do  any  thing  more 
that  ni^ht. 

Did  you  join  the  ConvenlioQ  again  after 
thai? — No,  tt  was  many  mouths  after  that. 

Were  you  there  the  next  night  in  the 
suhurbji  at  a  wright*s  shop  there? — Yee,  I  was. 

What  happened  there  ?— The  sheriff  came 
m  and  dispersed  them. 

In  shorty  the  same  thing  look  place  that 
night,  as  took  place  the  day  before  ?— Yes. 

Was  any  declaration  made  there  that  you 
had  voted  yourselves  permanent  the  night 
beforei  in  the  Caaongate? — I  canaut  rccoK 
Icct. 

Mr.  AnstrtUher. — How  long  were  you  one 
of  the  collectors  ?— Eight  days  or  a  fortnight. 

Where  did  you  meet  when  Faulty  wa*  pre* 
aidcnl  ? — At  George  Ross's. 

Where  did  yuu  meet  the  next  meeting? — 
The  next  meeting  %vas  proposed  m  Phiups's 
house. 

Philips  was  a  collector  too,  was  not  be  ?— - 
Yes. 

Did  that  mn  "     nlace? — No. 

Why  did  noi  n^  lake  place  ?— It 

was  on  account  o I  .\jr-  >v,iit,iind  Mn  Downie 
bemg  apprehended;  it  was.  thought  the  peo- 
ple would  be  afraid  to  come,  on  the  seizure  of 
some  of  the  books  of  the  society* 

Cross-Examination. 

Mr*  ClerL — Y'ou  were  a  mimhcr  of  tbc 
Union  Committee  ?— Yes. 

You  say  Downic  was  treasurer  of  that  com- 
mittee^— I  heard  he  w*a8  Ireasurcx  for  the 
whole  of  the  Friends  of  the  People  through- 
out Edinburgh;  I  could  uot  say  for  that 
committee. 

Do  you  know  any  tliing  about  his  appoint- 
ment?—No,  it  is  only  report,  I  have  only 
been  told  it  by  some  person*, 

^  ou  do  not  know  it  of  your  own  JoM^* 
ledge  I — ^No. 


You  have  heard  it  only  ? — Yet* 

You  were  appointed  collector  ?— Yes. 

Explain  the  nature  of  collector,  ai  you  un- 
derstood it? — As  I  understood  it,  that  night 
there  was  ^  letter  given  in  that  Mr. 
had  resigned  his  place,  and  desired  some 
Other  person  would  take  it,  and  it  was^uc 
upon  mcy  and  with  some  hesitation  I  agreed 
to  it 

What  did  you  understand  the  duties  of  your 
ofBce  to  be  P — I  mentioned  that  it  was  to  pay 
the  debts  that  were  due  by  the  convention. 

You  were  to  collect  money  for  that  pur- 
pose?— ^To  collect  money  tor  that  purpose. 

Did  you  collect  any  money? — None. 

Had  you  any  access  to  know  tlie  sum  of 
money  collected  for  that  purpose? — No,  I 
know  notbmg  about  it. 

PriMoncr. — Did  you  hear  any  thing  about 
a  hhrary? — I  cannot  recollect  that,  but  I 
think  I  heard  something  about  it  mentiooed. 

Mr.  Cltrk,— About  what? — ^Aboutahbrary, 
about  pohtical  publications. 

Wiliiam  Binning  sworn.  i 

Mr,  Amtruther. — You  were  a  member  of 
the  Water  of  Leith  Society,  I  believe,  Mr, 
Binning  ?— Yes*  sir. 

Where  did  Ihcy  meet   at  the    Water  of     | 
Leith  I — I  was  not  at  the  house,  but  some- 
times I  belonged  to  a  Friendly  Society. 

How  did  the  Water  of  Lctth  Society  call 
themselves  ? — A  Society  of  the  Friends  of  the 
People. 

Did  they  meet  any  time  in  December  or     "^ 
Januarv  last? — I  could  not  charge  my  me- 
roary,  i  dare  say  they  might  meet  some  time. 

Did  they  meet  soon  alter  Che  British  Con* 
vention  ? — No^sbout  3  weeks  or  a  month. 

You  were  secretary  ?— Yes,  or  cterk  rattier. 

With  whom  did  you  correspond? — WcdiJ 
not  correspond  with  any  society,  unless  it  was 
by  sundry  delegates^  what  they  call  a  Com- 
mittee of  Union. 

What  wa«  that  Committee  of  Uobn? — 
It  was  for  carrying  on  the  business  of  re- 
form. 

How  matiy  delegates  did  you  send  to  that 
meeting  ?— 1  think  there  were  S  or  3* 

Who  are  they  i*— One  M'Ewwj. 

What  is  M'Evyran's  first  namc?'^rlhur ; 
Robert  Orrock. 

Whttl  is  Orrock?— A  Smith- 

What  is  M*Ewan  ? — A  weaver. 

Who  is  the  other?— William  Ferguson. 

Whfit  was  the  reason  of  your  choosing  these 
delegates  ? — To  carry  on  the  matter  of  He- 
form,  by  way  of  petition  to  parhament. 

What  was  youi  reason  for  choosing  them  at 
first? — It  was  for  corresponding. 

Did  it  come  into  your  own  head,  or  did  any 
boiJy  bid  ^vour— No,  we  chose  them  so  that 
we  could  correspond  wit'  --ly  to  obtain 
a  reform  in  parliament  <i. 

That  was  the  way  of  w^...^^ ,,,  Uy  petition  ? 
—Yes. 

Who  fir*L  f  ropo:.ed  to  appoint  these  dele* 


Jot  High  Triason, 
p««?— NwLckdy  in  pairUcuUr,  we  thought  a 

Wm  ii:«re  do  letter  carat  to  you  about  it  ? 
—No 

Wtui  propo^d  it  in  the  commitlee  first? — 
'"'  1  not  remetubcr. 
^  Did  jTuu  itver  bear  of  such  a  thing  as  a  col- 
lects? wbsi  wais  the  coUcctor  lu  do?— He 
1191  to  mkc  the  «cnse  of  the  Frietids  o(  thu 
iVafilc  aad  it  the  people  he  lipoke  to  thought 
|fp0|ier  to  give  any  money  in  support  of'  the 
c^tite,  Of  ilefVay  the  expenses  of  nuch  as  auf- 
(bed  to  support  of  that  cause,  such  as  Skirv- 
mt.  10  gilber  money. 

Uiii  jmic)  guther  any  money  in  your  society  ? 

" ?*• 

lore? — About  a  penny  a  night, 
hm   v4:mj  give  any  thing  to  M'Ewan  P — 
AllOQt  tU. 

Wbtl  irms  he  to  do  with  it  ?^IIe  \vn^  to 
pie  ii  10  tlie  delegates  that  were  to  be  chosen 
|t€OlivcQLioD  some  where  I  did  not  know*, 
I  were  to  distribute  it  to  Mrs.  Skirving, 
fifcesupm  that  stood  in  need  of  it  ? — Yes,  sir. 
Wia  it  a*  he  liked  it»  or  a  Commtltec  of 
Vmm  wotild  like  it  ? — It  was  the  Committee 
fjr  t7niofi,  1  suppose,  but  we  gave  it  to  htm 
ittcajiy  tl  there* 

lit  «ra»  to  cftrry  it  to  the  Committee  of 
Ctsonf— Vcs. 

i  be  was  to  pay  it  to  the  treasurer  of  the 
lofUmon? — Yes. 
Do  yo«  know  who  was  the  treasurer  ? — 
Tlii  was  one  of  the  name  of  Downie. 
|09  jou  know  hira  ? — Yes. 

you  hear  w*hat  he  was  described  to 
whftl  his  triide  was?— A  goldsmith,    I 

low  these  eolleetors,  when  were  they  cbo- 
Vftfrilf — Sume  tune  in  March,  I  fancy  :  I 
leally  charge  my  memory ;  hut  I 
I  it  was  some  lime  in  March,  I  am  oot 
\  in  the  time. 
ktw  yixi  quite  sure  there  was  never  any 
Idler  or  mcs5ap;e  sent  to  you  about  choosing 
ti«e  delegates T»I  am  notcertain,  I  am  sure 
I  mman  recollect. 

tM  TOtt  ever  see  any  printed  papers,  called 
•  I^moasuetital  principles''  ? — (  am  not  sure. 
mpidfounrer  see  that  paper  f~It  was*'  Fun- 
Btal  principles,'' 

I  did  you  see  it? — It  came  to  the  to- 
r  «oe  otght. 
I  taw  such  a  paper  In  the  society,  but 
jpU  know  where  it  came  from  ?->-No. 

:  el  that,  and  see  if  you  know  where 
mm  from } — I  think  I  saw  this  in  Ar^ 
Uw  lI'lMUi'i^  I  am  not  ccrt^u. 

Ko  Crosa-Examinalion. 

flTils  WIS  t  letter  fiom  the  Committee  of 
Vii|ri  «0d  MeAns  that  he  looked  at,  but  it  not 
W»K  jrct  proved^  it  was  not  remd  ] 

Arihur  M'Emnn  sworn. 

!  —Where  do  you  live?— At 


A.  D.  17iH- 


[69 


Wert  there  any  societies  there  f— Yci. 
Wert  you  a  member  of  any  society  there  ? 
— Y>*. 

What  was  the  title  of  that  society  ? — It  wat»  i 
called  the  society  of  the  Friends  of  the  People. 

Did  that  society  send  any  delegates  to  tlie 
British  Conveuliou  ? — Ves. 

Were  you  a  member  yourself  P^Yes. 

Did  that  society  contmue  to  meet  after  the 
British  Convention  was  dispersed? — Yes,  it 
met  after  it  was  dispersed. 

W-4S  there  after  that  time,  tmy  oilier  com- 
mittee chosen  to  which  your  society  sent  de- 
legates ? — Yes. 

what  was  it  styled?— It  was  styled,  in 
the  printed  paper,  the  Committee  of  Union* 

Were  you  a  member  of  that  committee? — 
Yes,  the  society  appointed  me  to  attend  that 
committee  as  one. 

Who  were  along  with  you?— I  think  Mr, 
Orrock  and  Will  jam  Ferguson. 

What  is  Urrock  J^-llc  is  a  blacksmith. 

lie  lives  at  the  Water  of  Lcith  with  you  ? 
— At  the  Dean* 

Did  you  ever  attend  meetings  of  the  com- 
mittee ? — Yes. 

Where  did  it  meet  ?— At  George  Ross's. 

At  any  other  house  ?—  Not  the  Commillee 
of  Union. 

Was  there  any  other  committee,  ofwhkh 
you  were  a  member,  chosen  from  that?—* 
There  was  a  sub-commit  lee. 

Who  were  members?— Mr.  Watt,  Mr. 
Burke,  Mr.  Downie,  Mr,  Aitcheson^  Mr. 
Stock,  Mr.  Bonthrone,  and  myself* 

Seven  in  whole  ? — Seven. 

Had  that  committee  any  other  title  than 
the  sub-committee  ? — It  had  no  name  to  my 
knowledge,  but  in  the  printed  paper  it  was 
called  the  Committee  of  Ways  and  Means. 

Be  so  good  as  to  inform  us  what  the  chief 
object  ot  It  was  ?— A  fortnight  after  I  belong- 
ed to  the  committee,  there  was  a  letter  read 
by  a  bi^  man  ;  he  said  he  had  received  it  from 
Mr.  Skirvmg ;  the  contents  were,  that  the 
Friends  of  the  People  were  in  his  debt,  and 
he  hoped  they  would  pay  it  up,  and  do  every 
thing  they  could  for  his  family,  as  he  was  go- 
ing to  leave  the  country;— to  assist  to  pay 
that  debt,  and  assist  Mr.  s^kirving,  if  he  stood 
in  need. 

Were  you  there  any  other  nights  ? — ^Yei, 
other  nights;  1  found  it  was  for  other  pur- 
poses, by  a  paper  that  Watt  read. 

Esplam  what  purposes? — It  appeared  to 
me  it  would  throw  the  country  all  mto confu- 
sion, and  spill  the  blood  of  our  felbw  crcjw 
lures,  from  the  paper  he  read :  the  contents 
run  thus :  that  parties  were  to  seize  the  lord 
justice  Clerk,  and  the  rest  of  the  lords  of  the 
sesBions,  and  the  lord  provost :  and  parties 
were  to  be  stationed  at  the  Luckcnbooths,  and 
the  head  of  the  West  Bow,  and  parties  were  to 
make  a  fire  at  the  excise olFicc,  to  draw  the  mili- 
tary from  the  Caslle ;  aod,  when  tlie  soldiers 
came  by  the  lop  of  the  Bow  towards  the  I^ick- 
cnboolh^,  they  were  to  inclose  [Uvm,  und  par- 


6S] 


54  GEORGE  III. 


Trial  of  David  Dcnmii 


[64 


ties  were  to  seize  the  banking  liottses  in  lown» 
and  appobitcomnrissionen  to  go  and  demand 
the  cash  from  them — ^that  was  the  substance 
of  the  paper,  as  far  as  I  can  recollect  ^ 

Who  were  present  at  that  meeting?--8tocky 
Watt,  Downie,  Bonthrone  and  I. 

Was  it  a  stated  meeting— a  usual  meeting  ? 
—Yes. 

'  What  do  you  mean  by  parties  ?  parties  of 
whom  ?— I  cannot  say  by  whom  it  was  to  be. 

Whom  did  you  understand  by  the  word 
parties? — I  suppose  Mr,  Watt  drew  it  up, 
and  he  supposed  the  country  was  to  rise  to  do 
such  a  thmg ;  I  could  not  understand  it  any 
other  way. 

Were  the  people  of  this  committee,  if  they 
approved  of  that  paper,  to  have  some  com- 
mand ?— I  knew  not  a  man  that  was  to  do 
this. 

Not  a  man  ?— Not  one,  man  or  men. 

You  mistake  my  question ;  you  told  us  it 
was  proposed  that  parties  should  be  put  at 
different  places,  the  jLuekenbooths  and  Bow, 
tu  secure  the  soldiers  wheu  the  fire  appeared 
at  the  excise  office ;  who  did  you  understand 
the  parties  to  be  ? — I  could  understand  it  no 
other  ways  than  the  Friends  of  the  People. 
'  Now,  what  was  done  by  that  committee 
upon  this  plan  being  read  by  Walt  ? — I  ob- 
jected to  the  plan ;  I  said  I  by  no  means 
would  agree  to  any  thins  that  broke  the 
peace,  or  shed  the  blood  of  my  countrymen ; 
and  Mr.  Bonthrone  seconded  me,  and  said, 
'<  no,  do  not  do  no  such  thing,^ 

Did  Downie  say  any  thing  ?— Not  that  I 
remember. 

Did  Watt?— No. 

Did  Watt  ever  read  any'other  paper  relative 
to  that  subject,  or  show  you  any  other  paper? 
— He  read  another  paper  another  night. 

Was  that  a  committee  night  ? — Yes. 

Who  were  present  ? — It  runs  in  my  head 
that  Mr.  Downie  was  present,  but  I  cannot 
be  positive. 

Was  it  a  committee  night? — It  was. 

Was  Stock  present  ?— No. 

Was  Bonthrone  ?— No. 

Aitchcson  ? — ^No. 

Was  Burke?— No. 

Lord  Advocate, — Then  Downie  must  have 
been  present  ?— I  think  he  was  present,  but  I 
cannot  be  certain  of  it 

Now,  what  was  the  import  of  that  paper 
which,  at  the  second  meeting  of  the  commit- 
tee, Watt  read  to  you  ?— -The  purport  of  that 
letter,  as  far  as  I  can  recollect,  was  this— it 
was  a  copy  of  a  proclamation  to  all  farmers 
and  dealers  in  com  and  meal,  and  hay,  not 
to  remove  the  same  from  their  respective  ha- 
bitations, under  pain  of  death. 

Anything  else? — Also,  for  gentlemen  of 
the  country  not  to  remove  from  their  several 
habitations,  above  the  distance  of  3  miles,  un- 
der pain  of  death;— there  was  likewise  an 
addr^  to  his  present  m^esty  to  dismiss  his 
ministers,  and  put  an  end  to  the  war,  or 
else  he  must  expect,  or  abide  the  conse- 
quences. 


Did  any  body  say  any  thing  upon  the  sub- 
ject of  that  paper  ?— I  said  it  was  not  a  paper 
agreeable  X6  the  plan  of  reform,  and  I  hoped 
I  should  never  see  the  day  when  such  a  thing 
should  take  place. 

Do  you  recollect  that  Downie  said  any 
thin^? — I  am  at  a  loss  to  know.  I  said  be- 
fore I  do  not  know  it  is  a  fact  that  Downie 
was  there. 

Mr.  Anstruther. — You  collected  some  mo- 
ney at  the  Water  of  Lcith  society  ?— Yes,  I 
got  15s.  from  the  secretary. 

Who  was  it? — Mr.  Binning,  he  was  secre- 
tary to  the  society  of  the  Water  of  Leith. 

Whom  did  you  give  it  to  ? — ^To  Mr.  Downie. 

Why  did  you  give  it  to  him  ? — I  was  in- 
formed he  was  appointed  treasurer ;  for  that 
reason  I  accmmted  to  him. 

Did  you  pay  it  to  him  as  treasurer  ? — Yes,  I 
did. 

Do  you  know  a  lad  of  the  name  of  Fairley  ? 
—Yes,  I  have  seen  him,  I  am  not  well  ac- 
quainted with  him. 

Is  that  tlie  Downie  that  was  the  treasurer  ? 
[pointing  to  the  prisoner]. 

Lcfrd  Freiident.^ls  he  the  person  that  was 
present  when  the  first  paper  was  read  ? — Yes. 

Mr.  AnstrtUher, — Do  you  remember  seeing 
Downie  at  Georf^  Ross's? — ^Yes. 

Was  that  a  committee  night  ? — ^Yes. 

Who  was  there?— Mr.  Downie,  Mr.  Walt 
and  me;  I  cannot  remember  whether  any 
more  were. 

Where  did  Fairley  come  from  when  he 
came  there  ?— He  came  from  the  west  coun- 
try. 

Who  sent  him  to  the  west  cotmtry  ?— I  do 
not  know — I  cannot  say  who  sent  him. 

About  what  time  was  this  ? — I  cannot  po- 
sitively remember ;  I  think  it  might  be  to- 
wards the  latter  end  of  April 

Baron  jVorfon.— Can  you  tell  how  long  it 
was  after  this  plan  was  read? — Some  little 
time  after— I  cannot  positively  say. 

Mr.  AntirtUher. — Did  you  see  any  body  pay 
Fairley?— No,  I  did  not,— 1  saw  Fairley  lay 
down  15s.  upon  the  table,  and  he  was  oraered 
to  take  it  up  again. 

Who  ordered  it  ?— Mr.  Downie. 

Why  ?-*-He  laid  down  15s.  upon  the  table, 
and  said  he  had  it  for  a  parcel  of  pamphlets, 
and  he  left  the  15s.  and  Mr.  Downie  bid  him 
take  it  up  a^in. 

Did  he  bid  him  take  it  to  himself?  what 
was  he  to  take  it  up  for  ?  was  it  for  his  trou« 
ble  ? — I  cannot  say  positively,  but  1  took  it 
to  be  for  his  trouble. 

Was  this  at  a  meeting  of  the  committee  ?— 
Indeed  was  it. 

Did  Fairley  say  any  tiling  about  Paisley  ?— 
Yes,  he  did. 

What  did  he  say  ?— He  said  it  was  in  a  state 
of  great  readiness. 

What  did  he  mean  by  that?— I  do  not 
know  what  his  orders  were,  I  could  put  no 
construction  upon  it 

You  put  some  construction  upon  IX  in  your 


65] 


for  High  Treason. 


own  mind  ? — I  thought  it  still  carrying  on  the 
cause. 

Did  you  ever  hear  any  body  talk  about 
anniug? — No. 

About  the  Friends  of  the  People  arming? 
— Ko. 

Mr.  Solicitor  Genera/.— Mr.  M'Ewan,  did 
YOU  ever  hear  Watt  mention  any  thing  about 
t  commission  from  Perth  to  procure  arms  ? — 
No,  I  never  heard  it,  but  heard  him  say  to 
Onock,  4,000  were  wanted. 

Was  Downie  present  when  Walt  said  he 
had  a  commission  from  Perth? — I  did  not 
bear  Watt  say  he  had  a  commission,  but  Watt 
said  be  had  4,000  to  send  there. 

Was  Downie  present? — No. 

Ur.dnMirutker. — Did  you  see  any  of  these  ? 

I  pointing  to  the  pike  heads  upon  tlie  table.] 
aw  one  at  Mr.  Watt's.  I  was  going  upon 
some  private  business. 

Do  you  recollect  when  Mr.  Watt  was  taken 
up  f — I  cannot  positively  say. 

Did  you  ever  see  Mr.  Downie  after  that  ? 
-Yes. 

Where  did  you  see  him  ? — lie  called  upon 
me  at  my  own  house. 

Tell  me  what  passed  between  you  and 
Downie? — ^I  had  been  before  the  sheriff,  and 
Mr.  Downie  called  up  to  ask  if  I  had  been 
examined;  I  said,  yes;  he  desirifd  to  know 
«hat  questions  I  was  asked ;  I  said  very  few 
—that  was  aU.  I  only  asked  what  was  done 
with  the  money ;  the  answer  was,  he  save 
put  to  Brown,  and  part  to  Martin  Todd  for 
printinz. 

Did  Ee  bid  you  tell  that  to  any  body  ?— No, 
l-e  did  not  bid  me  tell  any  thing  of  the 
kind. 

Did  he  bid  you  not  tell  it  ?— As  far  as  I  can 
RooUect  what  he  said  was,  if  he  was  called 
\:ym,  he  would  say  he  did  not  know  me,  and 
it  I  was  called  upon,  I  was  to  say  I  did  not 
know  him ;  I  said,  by  no  means,  I  would  do 
00  such  thing. 

Did  he  say  any  thing  more  ?— I  remember 
DO  fartlier  conversation  taking  place. 

See  if  yon  can  recollect  what  he  said  about 
Brown  amd  Martin  Todd  ?— He  said  he  had 
oven  money  to  Martin  Todd,  Smith,  and 
Taylor  and  Brown,  for  printing  of  papers :  I 
Slid  that  was  not  the  meaning. 

Did  yo!i  know  before  that  that  Brown  had 
?n  any  money?— No,  it  was  some  days  be- 
kn  that  he  had  called  upon  this  Robert  Or- 
rock.  at  the  Dean,  and  the  two  went  into  my 
hm^*-  together,  and  I  happened  to  be  at  a 
*oci*-ty  meeting  that  night;  not  thinking  of 
any  person  there,  I  went  in,  and  heard  Brown 
*ay  he  was  employed  by  Mr.  Watt,  and  paid 
b'  Mr.  Downie;  I  inquired  no  farther  into 
t£e  conversation,  I  was  just  out  of  the  door. 

Did  you  ever  hear  any  thing  about  another 
convention  ? — No. 

Now  recollect  yourself,  whether  you  ever 
beard  of  any  other  convention  that  was  to 
meet? — ^I  do  not  remember  any  other  con- 
vcalioa  that  was  to  meet 

VOL.  XXIV. 


A.  D.  1794.  f60 

But  of  the  Water  of  Leith  Society?— Not 
sir. 

Mr.  Solicitor  General. — Did  you  ever  hear 
Downie  say  any  thing  of  a  letter  he  received, 
or  Watt  received  from  Perth  ?— All  I  remcm* 
her  was,  Downie  saying  he  had  received  a 
very  spirited  letter  from  Perth. 

You  entered  into  no  farther  explanation 
about  it  ?— No. 

Did  Downie  or  Watt  mention  any  thing 
more  about  it.? — ^Downie  read  the  letter  that 
came  from  Perth. 

What  was  the  letter  about?— It  was  about 
Mr.  Miller  in  Perth. 

What  was  it? — ^They  had  some  meeting, 
and  after  the  meeting  he  was  carried  before 
the  magistrate  and  examined,  whether  he 
had  made  a  practice  to  sell  them  to  the 
Friends  of  the  People ;  he  said  he  would  sell 
as  many  as  he  pleased. 

Was  it  soon  after  this  you  heard  Downie 
say  he  had  received  a  very  spirited  letter  from 
Perth  P— I  cannot  positively  say. 
.   Mr.  F(/!rtcAer.— You  said  Watt  read  a  paper? 
—Yes. 

Did  Downie  receive  notice  such  a  paper 
was  to  be  read  P — ^I  got  none,  and  never  saw 
it  after  that  night. 

Does  it  consbt  with  your  knowledge  any 
other  members  got  it  ? — ^I  cannot  say. 

You  never  had  any  conversation  with  Mr. 
Downie  upon  the  subject?— Never. 

Jury, — ^You  said  before,  you  had  been  in- 
formed Brown  and  Orrock  were  to  be  em- 
ployed by  Watt— what  were  they  to  do  ? — 
Brown  and  Orrock  were  employed  by  Watt.- 

What  to  do?— To  make  some  pikes  and 
things  of  that  kind. 

Mr.  Anstruther,  —  When  Watt  read  the 
proclamation,  it  was  not  at  the  same  time  he 
read  the  plan,  I  believe  ? — No. 

Mr.  Fletcher. — Who  took  the  chief  lead  in 
the  Committee  of  Ways  and  Means  ? — As  far 
as  I  can  recollect,  I  never  saw  a  man  put  pen 
to  paper  there  but  Mr.  Watt  and  Mr.  Stoke. 

Mr.  Clerk.  —  Had  you  any  conversation 
with  Mr.  Watt  or  Mr.  Stoke  about  it  after- 
wards ? — ^No. 

Did  you  never  mention  a  syllable  of  it  ?— 
No,  sir. 

Mr.  F/e^cAer.— Now,  do  you  believe  in  your 
own  mind,  that  Downie  ever  meant  to  carry 
into  execution  the  project  in  Watt's  paper  ? 
— He  never  said  a  word  to  such  a  purport,  as 
far  as  I  remember. 

PrisoTirr.— [by  Mr.  Clerk]  Whether  after 
leaving  the  committee  that  night,  when  Watt 
read  his  paper  to  seize  the  Castle  antl  judges 
and  so  on,  the  prisoner  said  any  thing,  in 
going  homewards  along  with  Ronthrone  ?— ■ 
I  cannot  remember  as  to  that,  but  ho  said 
nothing  at  the  time  it  was  read. 

It  was  after  leaving  the  committee  in  ?oins; 
home  with  you  and  Bonthronr .?— 1  rimnot 
say,  I  cannot  give  an  answer  to  it. 

Did  you  go  home  with  him  ^^  -I  jm  not 
certain. 

F 


67] 


34  GEORGE  m- 


The  question  is>  whether  you  went  home 
■with  him  that  night,  and  whul  couversalion 
passed  ? — I  can  D  01  recollect* 

Jury.— It  does  not  appear  whether  Downie 
aod  Vtatt  employed  Orrock,  or  Wall  otdy. 

Whether  Downie  and  Watt  employed  Or- 
f  ock,  or  whether  it  was  Walt  only  ?— Watt 
pah. 

Lord  Preside nt.-^Did  you  say  Downie  paid 
Lim  ?  «—  It  was  Brown  1  heard  say  he  was 
employed  by  Watt,  and  paid  by  Downie- 

That  was  by  a  resolution  of  the  committee  ? 
—By  no  means,  it  must  be  a  fabiicatjon  of 
his  own,  as  far  as  I  know. 

Mr.  Clerk* — Did  he  aeem  tahave  a  serious 
wish  this  plan  should  be  put  in  execution  ? — 
^s  to  his  wish  I  can  say  nothing  about  that ; 
fts  far  as  I  could  recollect,  he  seemed  to  in- 
terline some  part  of  the  paper. 

Did  he  ask  the  coromittee-s  opinion  upon 
k  ? — No :  I  thought  he  had  done,  and  I  spoke 
those  words,  I  oid  not  approve  of  it,  and 
Bonthrunc  backed  me.  As  soon  asl  tliuught 
it  was  doue,  I  said  I  would  not,  by  any  means^ 
do  any  thing  to  disturb  ihe  peace,  or  shed  the 
btood  of  my  countrymen;  and  Bonthrone 
said,  by  no  means. 

Tnis  never  came  on  again  ? — No* 

It  never  was  resumed  again  ? — No, 

At  any  lime  after  it  was  read  did  you  un- 
derstand it  an  object  the  committee  was  pur- 
suing ? — No ;  1  never  understood  it,  for  Mr. 
Bonthrone  opposed  itnceatively,  and  said  be 
would  agree  to  no  such  uiing, 

Bajron  Norton, — I  thought  you  said  that 
TOU  supposed  that  Fairley,  in  what  he  had 
Wen  doing  in  the  west  country^  had  beca 
doing  something  relative  to  tliis  plan? — 
1  wished  to  give  do  opinion ;  if  I  was  to 
ive  an  opinion,  I  woula  look  upon  it  in  that 
ghtf  but  I  know  nothing  of  his  reason  for 
going  thcre» 

Mr*  Clerk. — ^T'hcn  you  only  speak  of  your 
own  suspicion? — I  would  not  wisn  to  give  my 
opinion. 

'  .Mr,  Bonthrane aworl 

Lttrd  Advocate. --^WUtTC  did  you  commonly 
reside  before  you  were  taken  into  cu&tody  ? — 
In  the  new  town  of  Edinburgh. 
'    Before  Whitsimtide,wherc?— In  Broughton. 

Do  you  know  of  the  British  CooventioQ 
Win»  dispersed  ? — Y'es^  my  lord. 

Were  you  a  member  of  any  society  at 
BrouRhton  or  theNc w  Town  ?— At  Broughton. 

Did  your  society  send  delegates  to  thai 
convention  ? — Yes* 

After  that  convention  was  dispersed,  did 
your  sociciy  continue  to  meet  at  all  ? — I  b©- 
I  Iicve  it  dtd  for  some  short  time. 

Do  you  know  that  it  did  ? — Yes»  my  lord. 

Was  there  any  other  committee  or  convco- 
tioo,  to  wtiich  your  society  sent  delegates 
•flcr  that  ?— Yes,  my  lord. 

What  was  the  name  of  ihalmeetlDKlo  whlcb 
your  sodcty  itnl  dobgilM  t^tht  Comoiittcc 
oJ  UoiotL 


I 


[68 
meet?  —  At 


7Vml  of  David  Do^ftie 

Where  did  that  committee 
George  Koss*3. 

That  is  the  Gazetteer-office  ? — Yes. 

Do  you  know  it  to  be  the  Gazetteer-office  ? 
— It  is  George  Ross's  house ;  it  was  said  to 
be  the  Gazetteer-ofiice — the  Gazetteer-office 
is  a  separate  pkce  from  the  house. 

Where  is  it  ? — South  Bridge. 

Do  you  know  a  place  called  Liberty  Court? 
— 1  know  of  no  such  place. 

Did  you  ever  attend  any  of  the  meetinga 
of  that  committee  ?— Yes. 

You  were  a  delegate  from  the  Broughloo 
Society  ? — Yes. 

Do  you  know  David  Downie^  a  goldamith 
in  Edinburgh  ? — Y^s. 

Did  you  ever  see  that  man  in  that  commit- 
tee; see  if  you  can  find  him  out  now?^ 
rihe  witness  looks  at  the  prisoner].  Tcs,  my 
lord,— he  is  there. 

Did  you  understand  him  to  be  a  member 
of  that  coiumitLce? — I  understood  every  per- 
son pref^ent  to  be  a  member. 

At  what  time  did  the  committee  meet  oc- 
casionally?— I  do  not  recollect  the  precise 
lime. 

Were  they  usually  meeting  about  the  time 
you  were  taken  into  custody  ? — 1  know  no- 
thing of  it ;  I  had  led  the  meeting  a  moatb 
before  I  was  taken  into  custody. 

Did  they  continue  to  maet  when  you  gave 
them  up  ? — Yes, 

What  month  was  it  you  gave  them  up  ? — 
About  tlie'niiddle  of  April. 

Was  there  any  other  committee  you  had 
occasion  to  know  any  thing  about,  besides 
this  Committee  of  Union? — Yes,  there  was 
another. 

Tell  the  jury  what  it  was?— It  was  styled 
the  sub-couimittce. 

Of  whom  did  that  committee  consist,  and 
who  chose  it? — They  were  chosen  by  the 
Committee  of  Union. 

Were  the  members  of  the  sub-committee 
all  the  members  of  Uie  Committee  of  UnioD  ? 
—Yes. 

That  is  to  say,  the  Sub-committee  were 
chosen  a  prmdpal  committee  ? — Yes, 

Tell  the  name  of  that  Sub-committee,  and 
who  those  individuals  were  ? — They  consisted 
of  seven,  my  lord. 

Nante  them,  if  you  tan  ? — Aitcheson,  Burke, 
Stokc,^ 

What  was  Sloke?— do  you  know  his  pro* 
fesaion,  bb  business?^!  heard  he  was  a  slv^ 
denA*^M'£wan,  Watt,  Downie,  and  myself. 

TIkat  same  Downie?— Yes^  thiut  same 
Downie. 

Where  did  that  Sub-coounittce  meet? — la 
thai  same  house. 

Ilad  you  stated  nights  of  sieclijig  at  thst 
commlitec  ?-'Ye8,  once  a  week. 

Did  you  ever  meet  in  Wntt*shoiiscf — ^Yes, 

Did  you  ever  hear  any  oth<*r  n^une  eivefi 
that  Sub-committeev  cjicei>i  "^mj? 

— I  have  beard  of  ooothc-i  did 

xigt  know  it;  I  undccstood  it  unoci  mixi  wjtsu^ 


GSf]     M^W         Jar  High  Treason. 

What  was  that  olher  name  yon  heard  of? — 
I  read  it  in  a  printed  paper  caikd  the  Com- 
mit Lee  of  Ways  and  Means. 

And  where  did  you  see  that  pEfer  that 
called  it  the  Committee  of  Ways  and  Means? 
**  If  saw  U  in  the  sheriA^s  office :  I  vf2s  »howo 
il. 

Did  you  ever  see  that  paper  in  manuscript, 
iNsfore  you  ^aw  it  there  ? — Yes,  I  saw  part  of  it. 
And  where  did  you  see  it?— In  that  com* 
mittce,  of  which  I  was  a  member. 

The  circnlar  Iclter? — It  is  called  the  regu- 
lations. 

Is  ihat  like  the  paper  to  which  you  are 
alluding  F^Yea,  begin ning  Fundamental  Prin- 
ciples of  the  Society, 

Did  you  ever  see  any  other  printed  paper  or 
manuscript? — Yes. 

Wliat  paper  was  it?  Do  you  rememher  the 
iroporl  or  aubstancc  or  tenor  of  it?— I  do  not 
recollect  the  substance,  but  if  I  see  it^  I  know 
it. 

See  if  you  have  seen  that  in  the  Sub-com- 
loittee.    Look  at  it?— Yes,  sir. 

Is  tlial  the  paper  you  saw  in  manuscript? — 
Y'es,   part  of  il;   it  has  perhaps  undergone 
iome  corrections  since  it  went  to  the  press. 
Was  Downic  in  company  when  that  paper 
s  proiluced  ? — As  to  that  1  am  not  positive 
lether  he  was  or  not. 
Did  any  of  the  members  leave  it  before 
you  left  it? — Yes,  three  leftil  before  me. 
Three  before  you? — Yes. 
W*ho  were  iliey  ?— Ailchesoo,  Stoke,  and 
Burke  or  Burt. 

Did  the  other  three  continue  to  attend  ? — 

Four,  my  kird,  as  I  believe  I  was  a  week 

after. 

After  whom  ?— Th«re  were  just  three  in  it. 

Who  was  the  man  that  left  it  immediately 

before  you  ?  — Sloke,  my  lord. 

Was  Iherc  cvtr  any  money  collcoted  by  Ihat 
society  ? — Why,  yes>  we  collected  a  few  pence 
every  evening,  in  order  to  defray  the  ro43m 
expense. 

Was  there  any  money  collected  in  the  so- 
detieSy  and  dvcn  to  you  in  that  committee, 
or  to  any  of  the  members  of  it,  to  your  know- 
ledge ? — ^I  remember  once»  a  very  few  pence 
that  I  carried  to  that  committee. 

From  what  society  ? — From  the  Broughton 
Sode^. 

For  what  purpose  was  it  carried  ? — To  de- 
fray the  expense  in  printing  such  papers  as 
these. 

Was  no  other  purpose  held  out  in  your  so- 
cietyt  for  which  money  was  collected  ? — I  do 
not  recollect  any  other  purpose,  my  t^rd,  I 
remember  there  was  an  account  owing  to  Mrs. 
Skifving,  some  demand  she  had;  I  suppose 
ibe  wouJd  get  some :  I  do  not  know  she  jg^t 
any,  but  a  demand  was  made,  or  proposeato 
bcjEiveo  in. 

Did  any  body  act  as  treasurer  to  the  com- 
mittee ? — ^There  was  no  treasurer  chose. 

Did  any  body  act  as  treasurer  to  that  com- 
BUttec  to  your  knowledge  ?^Mr.  Downie  was 


D-  nn. 


[70 


ordered  to  take  up  a  few  pence  ihat  was  over 
the  money  due,  and  I  suppose  he  look  up 
any  money  that  came  to  hand^  but  was  Dot 
chosen  treasurer. 

Do  you  know  any  thing  of  collectors,  or 
people  of  that  sort  ?— I  was  entirely^way  from 
the  committee  before  these  collectors  bad 
any  meeting  at  alj. 

Did  you  know  they  were  appointed  .''—Yes, 
I  have  heard  they  were  appointed* 
Was  it  in  a  committee  ?— No. 
AVas  it  in  your  society  that  you  heard  it,  or 
fromany  metnberof  your  society  ? — They  were 
appointed  I  suppose  by  the  societies. 

You  only  suppose  it — do  you  know  it?— I 
only  speak  from  my  own  knowledge. 

Mr.  Amiruther, — Do  you  speak  from  your 
own  knowledge  ?^Ycs,  my  lord. 

Do  you  know  what  the  duty  of  those  col- 
lectors was,  or  the  purpose  for  which  they 
were  appointed  ?^ — I  Know  little  or  nothing 
at  all  about  the  business,  because  I  left 
them. 

Do  you  know  a  little  about  it;  even  a  little 
— tell  nothing  but  what  you  know?— I  be- 
lieve it  was  to  see  and  collect  a  Jittle  money  ; 
to  send  a  delegate  to  England,  upon  any  emer- 
gency, if  I  recollect  welH 

A  delegate  to  be  sent  to  a  convention,  if 
any  ? — Yes. 

There  was  no  such  eonvention  before  you 
left  the  committee  ? — No. 

State  to  the  jury,  if  you  recollect,  what  was 
the  reason  of  your  leaving  that  committee  ? — - 
I  ^ve  a  statement  of  that  the  otlier  day. 

Mr.  Anstruthcr, — Those  gentlemen  did  not 
hear  you. 

Lord  Advocate. — ^Tell  ua  nothing  but  what  i» 
true. — I  wish  not  to  say  any  thing  untrue. — I 
gave  one  reason  for  leaving  it,  which  was  my 
removing  to  another  quarter  of  the  town  to 
teach.    X  gave  no  other  reason  to  the  com- 
mittee, though  I  had  two  other  reasons,  one 
of  which  was,   that  I  thought  1  evidently  saw 
matters  coming  to  some  very  great  length,- 
and  that  I  tiiought  I  could  not  remain  any] 
longer;  the  other  reason  I  would  not  choosal 
to  advance;  it  is  a  simple  thing,  but  delicate ;  J 
it  is  not  respecting  the  committee^  btitthaf 
peace  of  my  own  family,  my  lord.  i 

I  do  not  ask  you  about  that?— These  ara^ 
aU  tlie  reasons  I  had. 

You  stated  you  saw  things  were  going  ft 
length  you  did  not  approve,  and  theretorc 
you  left  it? — ^Tbat  was  one  of  the  real  rea- 
sons. 

Had  you  any  particular  reason  for  forming^ 
that  opinion  ? — Yes   I  had. 

Be  so  good  as  to  tell  tlie  jury  what  it  was  ?  - 
—It  was  a  paper  that  J  heard  read  by  one  of  ^ 
the  Sgb-committee. 

What  committee?— One  of  the  Sub-com- 
tnittec. 

Who  were  present  at  the  meeting  of  tha- 
Sub-committee  ivhen  this  paper  was  read  ?— • 
Sloke,  WaU>  Downie,  M*Ewan,  and  I. 
As  far  as  you  recollect,  what  was  the  iaoL« 


71J 


34  GEORGE  III. 


Trial  of  David  Dotonie 


[72 


port  of  that  paper  ?— Which  of  those  persons 
i«ad  that  paper  ? — Watt 
At  far  as  you  recollect,  what  was  the  un- 

f)rt  and  substance  of  that  paper?— My  lord, 
can  say  very  little  about  the  substance;  it 
raised  such  a  panic  in  me,  I  could  not  sit  to 
hear  it ;  I  can  say  veir  little  about  it. 

But  you  must  say  that  little,  and  you  must 
say  it  to  the  jury. 

Mr.  AnstnUher, — ^You  have  sud  you  recol- 
lect little  of  that  paper,  it  put  you  into  such 
an  alarm,^now  tell  the  gentlemen  what  that 
was  ?— 'It  seemed  to  me,  the  little  I  did  hear 
of  it,  it  seemed  to  have  a  kind  of  hostile  ap- 
pearance that  alarmed  me. 

Can  you  recollect  what  word  was  in  it  that 
had  an  hostile  appearance  P — It  mentioned,  as 
a  supposilion,  if  a  number  of  men  could  be 
collected  together  for  certain  purposes. 

What  were  the  purposes  ?-— If  I  mistake 
not,  it  was  to  alarm  the  soldiery  in  the  Cas- 
tle ;  that  was  one  thine  that  struck  me  in  it. 

How  were  they  to  alarm  them  ? — I  do  not 
positively  recollect,  my  lord. 

What  do  you  recollect  ?— That  is  part  of 
what  I  recollect. 

What  more  do  you  recollect ;  give  us  the 
other  part  of  what  you  recollect  ? — I  think  it 
was  to  seize  the  guard-house. 

What  were  they  to  do  when  they  alarmed 
the  soldiery  in  the  Castle  ?— I  do  not  remem- 
ber as  to  that:  I  think  the  excise-office. — 
What  was  said  in  the  paper  about  the  excise* 
office  ? — I  do  not  rememoer  a  word  that  was 
said  about  the  excise-office,  but  only  to  seize 
it  and  the  bank. 

To  seize  any  thing  else  ?— I  recollect  no- 
thing farther. 

Do  you  recollect  that  any  body  was  to  be 
seized? — Not  one. 

Were  any  one  person  or  persons  to  be 
seized  ?  do  you  recollect  nothing  about  the 
magistrates  of  Edinburgh  being  mentioned  ? 
— I  do  not.  I  do  not  recollect  one  name  being 
mentioned. 

Were  any  magistrates  mentioned  of  Edin- 
burgh?—I  do  noC  recollect. 

Lord  Fretidtnt, — Was  any  thing  said  about 
taking  possession  of  the  Castle,  or  seizing  the 
Castle,  or  any  thing  of  that  kind  ? — If  I  mis- 
take not,  that  was  the  intention  of  the  sol- 
diery being  brouglitdown  from  the  Castle,  but 
I  eannot  he  positive  whether  that  was  really 
mentioned  or  not 
You  were  alarmed  ?— Yes,  my  lord. 

The  plan  alarmed  you?— Yes,  those  things 
that  I  have  mentioned. 

Wliat  did  Arthur  M^Ewan  say  after  the 

Elan  was  read  ?— If  I  recollect  well,  he  said 
e  would  by  no  means  go  on  with  any  thing  of 
such  a  nature. 

What  did  you  say? — I  answered,  no,  by  no 
means ;  if  I  recollect  well,  tliose  were  the 
words  I  used. 

The  thing  which  Arthur  M'Ewan  said  he 
would  not  go  into,  was  the  Hune  thing  to 
which  you  said,  no^  no  ?— Ye*  -  *^*  no  meansi 
if  I  well  recollect. 


Did  any  body  else  say  any  thing  about  that  ? 
— ^I  do  not  remember  a  word  iarther  spoke 
about  it. 

Do  you  mean  to  say,  no  more  was  said 
about  it  ? — ^No  more  was  said  about  it 

What  became  of  it  after  that? — ItwasifS:''- 
mediately  placed  in  a  press,  in  one  comer  of 
the  room. 

Who  were  they  that  were  to  be  collected  to 
do  this?— As  to  that,  there  was  no  person 
named,  nor  place  from  whence  they  were  to 
come. 

Who  did  you  understand  were  to  be  the 
people  to  execute  this? — I  was  naturallv  led  to 
suppose,  my  lord,  it  was  meant  to  be  done  by 
the  Friends  of  the  People. 

Jury. — ^Where  was  this  meeting  held,  when 
this  paper  was  read?— It  was  at  Mr.  Watt's 
own  house. 

Was  this  upon  a  committee  night  ? — ^No,  my 
lord. 

What  night  was  it  then  ?— If  I  mistake  not, 
it  was  a  Thursday  evening. 

For  what  purpose  did  the  committee  meet 
that  night? — For  the  purpose  of  writing  a  letter, 
if  I  recollect  right. 

Now  whom  was  that  letter  to  be  written 
to  ?— I  think  it  was  to  Mr.  Hardy  in  London. 
What  was  the  letter  about? — I  have  en« 
tirely  forgot;  it  was  an  answer  to  a  letter 
they  had  received,  but  I  never  had  it  in  my 
hand. 

Was  it  about  a  Convention  ? — I  never  had 
the  letter  in  my  hand. 

Was  it  a  prmtcd  letter,  or  a  written  letter  ? 
— I  think  it  was  a  printed  letter. 

Is  that  like  it  ?  Did  you  hear  it  read. — Yes. 
[The  Circular  Letter,  signed  T.  Hardy,  shown 
the  witness.] 
Is  that  like  it  ?— I  think  so. 
Mr.  Amtruiher  — ^This  is  a  letter  upon  which 
the  committee  met ;  it  was  a  special  purpose, 
you  said  before? — ^Yes. 

What  other  conversation  was  there  at  that 
meeting  ? — If  I  recollect  well,  there  was  no 
other  business  for  them  that  evening. 

But  there  was  some  conversation  ? — As  to 
conversation  I  remember  none,  my  lord. 

Was  there,  or  not,  conversation  about  arm- 
ing ? — Not  a  syllable,  as  far  as  I  recollect 

Was  there  any  conversation  about  an  inva- 
sion ? — I  remember  not  a  sentence  but  what  I 
have  told,  that  passed  that  evening  nor  no  other 
personal  conversation. 

Do  you  recollect  whether  that  answer  was 
or  not  agreeing  to  tliat  letter  ? — I  do  not  recol- 
lect. 

You  wrote  an  answer.^ — An  answer  was  wrote 
that  evening. 

Wlio  was  to  carry  that  letter  to  Hardy  ? — ^Was 
it  to  ^0  by  post? — ^No,  my  lord,  it  was  to  go  by 
shipping. 

It  could  not  go  to  the  ship  without  some- 
body carrying  it— it  could  not  find  its  way  to 
the  ship  ? — I  do  not  know  who  carried  it. 

In  the  committee,  was  there  any  partiodar 
person  pitched  upon  to  take  it  to  the  ship?— 
There  was  a  person  pitched  upon  to  lake  it 


73]  for  High  Treason. 

Wbo  was  it  ?— Mr.Stoke. 
What  was  it  in  answer  to  ?— It  was,  I  recol- 
lect weUy  an  answer '  to  that  letter  you  have 
shown  me. 

Where  did  you  go  afler  you  hadlefl  the  com- 
mittee ?— We  went  up  the  town  a  little,  and 
taok  some  small  refreshment,  as  Stoke  was 
a2K>ut  to  leave  the  place  in  a  day  or  two. 

Who  went  up  the  town  ?— All  the  members 
that  were  present. 

Where  aid  you  go  to? — I  take  it,  it  was  a 
public  bouse ;  I  never  was  there  before,  nor 
since. 

What  part  of  the  town  was  it  ?— It  was  up 
above  the  prison  here. 

Do  you  know  Forster's  Wynd,  or  Liberton's 
Wynd  ? — It  was  the  wynd  above  the  gaoL 

Did  you  ever  hear  of  a  woman  called  Mrs. 
Mason? — ^Yes. 
Was  it  there  ?--Ye8. 
Did  you  ever  go  there  again  ? — ^Yes. 
Had  you  any  conversation  about  this  paper 
with  Mr.  Watt  ?— Not  a  syUable. 

You  bad  do  conversation  about  it  going  up 
thestreet?— No. 

Had  you  no  conversation  with  Mrs.  Mason 
iboutit? — No,  there  seemed  to  be  a  stranger 
there ;  there  was  a  stranger  that  just  came  into 
our  company,  a  little  after  we  were  met;  at 
least  he  was  so  to  me. 

I  think  jTOu  said  you  were  very  much  alam>- 
ed  by  hearing  this  plan  read,  Mr.  Bonthrone? 
—Yea. 

And  you  gave  as  a  reason,  because  you 
duMght  It  an  hostile  paper?— Yes,  it  had  the 
appearance  of  it. 

Dki  you  determine  to  continue  in  the  society 
tfler  t^t,  or  did  you  determine  to  leave  it  after 
that? — I  determined  to  leave  the  society  after 
that ;  in  a  day  or  two  after  I  came  to  a  full  re- 
sokition. 

Did  you  take  any  stepa^for  announcing  that 
ftsolutioD  to  the  public  ? — Yes,  my  lord,  but  I 
did  not  put  it  in  execution. 

Now  what  did  you  do  ?— I  intended  to  adver- 
tise, but  there  was  a  circumstance  in  my  own 
conduct  that  prevented  roe. 

What  did  you  mean  to  advertise  ?— That  I 
wished  to  drop  all  connexion  with  it. 
Did  you  write  a  few  lines  ?— Yes. 
When  did  you  write  it  ?~That  same  week 
tint  I  left  the  committee,  towards  the  end 
ofiL 

This  was  a  Thursday  ni^ht  this  meeting  was  ? 
—Yes,  my  lord,  but  notwithstanding  that  I  re- 
solved^— 

Mr.  Anstnttker. — ^The  meeting  was  on  a 
Thursday  night,  and  you  wrote  your  adver- 
tisement sometime  in  the  course  of  the  week? — 
I  think  it  was. 

You  are  sure  you  wrote  the  advertisement 
whhiD  a  few  days  after  the  meeting  you  have 
been  talking  of  ?— I  believe,  my  lord,  it  might 
be  the  following  week. 
Was  it  within  a  few  days  ? — It  was. 
Waa  what  passed  at  that  meeting  your  rea- 
mifer  writing  that  advertisement?  — Yes, 
that  together  with  other  circiuistances. 


A.  D.  1794. 


[74 


Read  this,  and  tell  me  whether  that  is  the 
advertisement  you  wrote  ? — ^Yes,  my  lord,  it 
was  wrote  on  the  Monday  evening ;  and  I 
thought  I  might  as  well  go  back  on  the  Tues- 
day, and  take  my  leave  of  them,  which  I  did. 

Was  this  written  the  day  it  was  dated  ? — ^Yes 
or  I  have  mistaken  the  date. 

[Papcrread.]    ''  Mr.  Bonthrone  to  the  pub- 

"  Brougkton,  April  31.  I  William  Bon- 
throne, teacher  in  Broughton,  a  new  chosen 
member  of  the  Committee  of  Union,  in  March 
last,  and  sub- committee  ;  but,  for  reasons  of 
weight  with  roe,  declare,  tliati  have  dropt  adl 
connexions  or  communications  with  said 
committees.  Wm.  Bonthbone." 

What  did  you  do  with  that? — I  just  laid  it 
by,  as  there  was  a  circumstance^ — 

I  am  asking  you  about  that  paper ;  you 
laid  it  by;  did  you  keep  it  yourself  ?^- Yes. 

Did  you  keep  it  till  you  were  taken  up  ? — 
I  suppose  I  was  perhaps  6  or  7  weeks  Uken 
up  before  it  was  sent  for  by  one  of  the  officers ; 
they  went  to  my  house ;  they  got  my  key  ; 
the  sheriff  ordered  me  to  give  my  kev. 

Was  it  in  your  house  tmtt  it  was  found? — 
Yes. 

Did  the  sherifiPs  ofiUcer  bring  that  paper  ?— 
Yes. 

Now,  you  say  that  paper  was  written  on  a 
Monday,  and  you  went  back  on  the  Tuesday 
to  the  committee  ? — ^Yes. 

You  went  back  to  another  meeting  of  the 
Committee  ? — Yes. 

What  did  you  do  there  ?— I  do  not  remem- 
ber any  business  that  evening. 

Did  you  take  leave  of  them? — Yes,  my 
lord,  I  took  leave  of  them,  and  took  leave  of 
the  society  of  which  I  was  a  member. 

Did  you  take  leave  of  the  committee  and 
the  society? — ^Yes,  both  in  one  week. 

Was  it  the  same  reason  that  made  you  leave 
the  committee  as  made  you  leave  the  society? 
— I  gave  Uie  same  reasons. 

Had  you  the  same  reasons  in  your  own 
mind? — Yes. 

Do  you  know  a  lad  of  the  name  of  Fairley  ? 
—Yes. 
He  is  a  friend  of  your's  ? — Yes. 
He  lives  at  Broughton? — Yes. 
An  intimate  acquaintance  of  your's  ? — Yes. 
Mr.  Anstruther.    Tell  me  your  reason  why 
you  did  not  publish  that  advertisement? — 
The  reason  was,  because  I  met  with  the  lad 
Fairley,  and  wrote  two  or  three  lines  to  him ; 
and  after  he  went  away,  he  found  fault  with 
ray  conduct,  because  I  had  left  all  the  com- 
mittfcs. 

What  were  the  two  or  three  lines  about?— 
It  was  to  Mr.  Watt;  I  directed  him  to  ad- 
vance a  few  shillings  to  him,  as  he  was  going 
to  Falkirk  to  i»ee  a  sister ;  he  told  me  he  had 
some  commission  to  take. 

From  whom  '—He  did  not  mention  the 
person. 

Who   was  the   commission    from?— Mr. 
I  Watt. 
I      Who  else  .'—No  other  peisoiu 


34  GEORGE  IIL 

What  money  was  he  lo  get  ?*— Purely  out 

t>f  friend  si  iip. 

What  money  was  h  be  was  to  advance 
him? — I  do  not  recollect,  it  was  a  few  shil- 
lings; which  he  was  to  account  for  on  his 
return. 

Whose  money  was  it? — I  suppose  if  there 
was  a  few  shillings  in  Mr.  Downie's  hands, 
Mr.  Walt  could  give  il  him. 

How  wa^  money  to  come  into  Downie's 

hands?—  If  there  was  a  few  shillings  over. 

Over  what? — Over  what  we  collected  for 

defraying  other  charges. 

Then  It  was  the  committee's  money  he  was 

gel? — I  sup  pose  1 1  so ;  I  did  not  understand 

lie  was  to  give  it  out  of  his  own  pocket. 

Had  Downie  the  keeping  of  the  coromit- 
itee*9  money  ?—  For  any  thing  I  know. 

Do  ntil  you  know  he  had  it  ? — Yes,  my  lord, 
lie  had  it  formerly. 

While    you  continued  a  member  of  the 
immittee,  Mr.  Downie  had  the  money? — 
iYeSj  my  lord» 

Why  was  the  committee  money  to  be  ad- 
iced  lo  the  lad  Fairley  ?  I  suppose  you  did 
not  advance  the  committee's  money  to  any 
unless  tlicy  were  upon  your  business, — why 
was  it  to  be  advanced  to  Fairley  ? — It  occurred 
to  me,  if  Fairley  was  going  to  take  a  commis- 
aion  from  Watt^  he  would  a^k  for  a  few 
I       shillings* 

^^  Was  Fairley  going  upon  the  corarailtee'a 
^Bftusincss,  or  Watt's  private  business  ?— I  never 
^Hlekcd  him ;  he  never  told  me* 
^H  How  came  you  to  desire  the  committee's 
^^^money  to  be  advanced  for  private  business  of 
^^BWatt's? — I  only  desired,  as  he  was  sending  a 
^^^Veomrnission  with  him,  that  he  would  advance 
^'  a  few  shillings,  to  assist  him  upon  his  journey, 
for  which  he  would  account  with  him. 

Why  was  he  to  account  with  Watt,  he 
ihould  have  accounted  with  Downie, — what 
money  was  it  you  meant  he  should  advance 
to  Fairley,  was  it  his  own  money  or  the  com- 
mittee's money?— My  idea  was,  it  was  the 
committee's  money,  iHt  was  the  committee's 
business,  but  that  I  did  not  know,  he  did  not 
say  it  was  the  committee's  money. 

Do  you  know  if  the  money  was  paid  to 
Fairley  ?— I  do  not  know  tliat  Fairley  got  a 
shilling  of  it. — 

Did  Fairley  ask  you  to  write  again  lo  Watt 
or  Downie  tor  money  ? — No. 

You  never  went  back  to  the  committees  ? — 
No,  nor  no  society ;  there  may  be  an  tneon- 
aistency  of  taking  leave  of  tiiat  society  and 
committee,  and  writing  that  line. 

Then  there  would  have  been  no  incon- 
sistency, if  tiiat  hne  had  been  about  your  own 
private  busmeas  ?*-No. 

Look  at  that,  tell  me  if  you  know  any  thing 
about  tliat  ?— [showing  a  paper],— Yes,  my 
lord, 

Vrwi  tt-i-^fiWfci  tlia»  '— YeS. 

N  tliat  from  ?— I  took  it 
<r  ,,  drawn  by  Uie committee 

of  liiiioDi  ftt  ieast  a  copy  that  wis  diAwn  in 


Trial  qf  David  Datimie 

til  at  committee  was  given  to  mc,  and  I  drew 
that  from  it. 

What  did  you  do  with  that  copy  ?— If  I  mis- 
take not,  it  was  read  in  the  Brougnton  society, 
and  went  from  that  to  another  society. 

Did  you  do  any  thing  in  the  Broughton 
society  in  consequence  of  this.^ — Yes,  tny 
lord,  there  were  2  or  3  delegates  chosen,  tu 
attend  the  Committee  of  Union. 

Which  was  the  Committee  of  Ways  and 
Means  ? — ^The  Sub-committee* 

Whom  were  they  chosen  from  ? — They  were 
chosen  from  the  Committee  of  Union. 

How  often  were  they  changed  ? — The  Sub- 
committee? 

Yes. — ^l*here  was  no  change  during  my  stay. 

Was  it  an  open  or  a  secret  committee  ? — 
There  was  none  of  them,  committees  or  sub- 
committees, open  to  any  one  that  appeared, 
unless  they  were  members. 

Was  the  Sub- commit  tee  a  secret  commit- 
tee ?— I  know  oothmg  about  the  name  secret 
committee. 

Was  it  so  in  fact,  did  you  let  any  body  in 
but  yourselves  ? — We  never  all  met  but  one 
evenm^,  except  the  first* 

I  ask  whetner  you  ever  let  any  body  into 
that  committee  ?— Any  persons  that  had  any 
busmcss* 

What  sort  of  business  ?^Such  as  a  letter  to 
give.  Any  body  that  had  business  with  the 
committee  came  in* 

You  know  what  a  secret  committee  means, 
do  you  ? — I  do  not  know  what  you  mean* 

But  you  know  what  the  wortls  mean  f — Just 
such  a  committee  that  wishes  lo  have  their 
business  in  secret  or  private.  I  mean  we  had 
always  our  door  shut,  and  no  perhons  came  in 
except  they  had  business. 

And  the  Committee  of  Union  was  the 
same  ?— No  persons  attend,  as  far  as  I  know 
of  it,  but  merabers. 

Did  you  ever  hear  of  such  a  thing  as  col- 
lector ? — Yes. 

Were  Uiey  for  dislricts,  or  divisions  of  the 
country? — I  suppose  it  would  rather  be  io 
numbers. 

By  saying  you  suppose,  do  you  mean  that 
you  understood  it  was  to  be  in  numbers  ? — Ye^ 
£  suppose  so. 

You  may  as  well  drop  the  word  suppose  ? 
— I  use  the  word  suppose,  because  I  am  not 
altogether  certain. 

Look  at  that  naper,  did  you  ever  see  a 
paper  of  that  size? — 1  have  seen  that  in  ma- 
nuscript. 

Where  did  you  see  it  ?— I  think  il  was  in 
the  cnmmitlee,  when  it  was  wrote* 

What  committee?— The  Sub- committee. 

You  said,  you  never  all  met  but  once  ? — Ye^ 
my  lord^  viz*! he  first  evening. 

Was  It  on  the  &ra  cveniiig  when  yo*J  saw 
that  paper ?->That  was  neither  the  brst  Dor 
second* 

When  was  it?— >I  do  not  fecollect  the 
eveniog* 

About  wliat  time  was  ilf-^l  suppose  it 


wi 


Jot  High  Tftasonl 


A,  D.  17W. 


[78 


Rfiicv 


would  be  abcHjt  the  fint  of  Marth^  or  there- 
•bon^,  or  April,  I  thiuk. 

Now,  in  who^  liaiid^  did  you  see  that  ma- 
nuscript P—Mr,  Stoke' s  hand. 

Wad  k  written  in  that  committee  ? — Yes^ 
mv  lord. 

XVho  was  there  when  it  was  written  ? — I  do 
Dot  recollect  the  members  ttiat  were  preisent ; 
I  outnot  recollect^  some  oft  he  members  might 
V«  ;ib^ent. 

Which  might  be  absent  P^I  do  not  know 
who  were  abseot. 
Wt5  it  a  full  meeting,  or  small  meeting? — 
'  '  fotir ;  there  were  three  gone. 

ey  could  not  he  gone  before  you  saw 
ke  write  that  paper  ? — I  suppose  three  were 
IBDe — two  gone,  I  mean. 

00  T04I  remember  whether  the  other  five 
wffc  there  that  night  ?— I  am  not  positive. 
Was  Arthur  M*Ewan  there  ?— He  was  ab- 
n:  two  utghta. 
LHow  many  times  were  you  at  the  Sub-  com- 

I  t^i  cannot  answer  to  that, 
[Wcte  you  there  10  times? — Perhaps  I  was 
» the  half  of  it. 
_THten  you  were  there  4  or  5  times  \ — Pos- 
wititf  I  waii. 

By  po^ibly,  you  think  you  were  ?— I  am 
0^  ^*  to  the  number. 

be  one  more  or  less  ? — Yes. 

\ou  arc  sure  it  mi^ht  not  be  10  limes  ? — It 

h  uu|)0^ible  it  could  be  that,  owing  to  the 

ttlBe  of  my  leaving  ir. 

Till  me  whether  Mr  Watt  read  it?— I  do 

til,— if  I  recollect  well,  there  w&s  no 

thai  night,  except   the  answer  to 

Was  this  paper  read  in  the  committee  ?— 

WbH  l»a»  said  about  it  ?— I  know  nothing 
aaj  farther  than  it  was  wrote,  and 
|wa*  to  take  the  management  of  it. 
[  Wild  was  to  take  the  management  about 
I-- About  what? 
_^Thr  Irttrr  ^  hich  was  to  go  to  Han3y,  the 
fifcraUo^it  the  Fencibles? — I  know  no  more 
than  I  saw  it  when  it  was  wrote. 

DmI  ntibodjf  say  any  thing  about  it  in  the 
ONBifiitlee  } — t  do  not  remember  a  word, 
►  Wa»  rt  a  public  paper  of  the  committee,  or 
IprtTate  tiling  of  Mr    Stoke's  own? — Mr. 
* !  Woujght  It  into  the  committee. 

i  ptopik  do  tiny  thing  in  the  committee, 
t  Hi*  04mimittcc's  business?— No. 

when  Mr,  8toke  was  writing  that 

r,  ami  wtun  li*»  ri^ad  it,  It  was  about  the 

=  ?— I  have   told    every 


S 


aboiti: 
ly.my 
Lwbcn 

«lMih«  I 
'Ewan  wa^  a  I' 
U>c  con ! 


to  be  writing  that 
'9  business  ?--Cer- 
•  f  imagined  it  was  pri- 
**  in  the  committee  ? 

^  ni|E;ht  ? — I  cannot 
s  noi,  but  I  think 

need,  if  Burke 


ftvmy^  and  Vv  atwn  away  and  MEwan 


they] 


not  there,  then  the  committee  only  consi&„ 
of  Walt,  Downie,  Sluke,  and  yourself  ?— -Ye 

Now  Stoke  was  there  ? — Yes. 

Was  any  body  there  besides  you  and  Stokel 
— ^Yes. 

Were  you  and  Stoke  alone  ? — ^No,  my 
I  do  not  think  that. 

Was  anybody  there  besides  Stoke?— The:, 
were  only  two  remaining.    I  am  not  positive' 

What  do  you  think  about  it  ? — I  think  " 
were  present,  I  cannot  say  for  certam. 

[The  paper  read.]  This  paper  is  dated,  Etli 
burgh,  5th  of  March,  1704. 

**The  general  committee  having  met,  C. 
Stoke  appointed  preses,  and  citizen  Uoberti,, 
secretary  ;  the  business  commenced,  by  form 
ing  a  plan  of  organization  for  the  Friends  of 
the  People  in  Edinburgh ;  citizen  Walt  pro- 
posed to  recommend  to  the  diU'erent  societies 
to  choose  a  permanent  committee  to  sit  onc«i 
a  week;  and  that  they  should  be  a  committee' 
of  7  to  l>e  empowered  to  transact  the  hu 
ness  of  the  Friends  of  the  People;  the  coi.. 
mittee  to  report  to  the  dift'creut  societies ;  anu 
that  tliis  commiUec  recommend  to  their  dift 
fcrent  societies  to  choose  two  or  three  me 
bers  for  the  committee  to  meet  onTuesi. 
next,  at  7  o'clock,  and  that  they  choo&e  tSa^ 
Sub-committee  to  sit  the  same  evening,  and 
report  to  the  General  Committee." 

BJr.  Clerk. — You  spoke  about  a  paper  that 
alarmed  you  much;  did  you  hear  such  a 
paper  was  to  be  read,  before  you  went  to  the 
committee  that  night? — No>  I  never  heard  a 
ward  about  it ;  the  pajjer  was  just  laid  by,  and 
not  a  word  said  about  it. 

it  was  taken  up  by  Watt,  and  read  ?— YesL^pJ 
and  then  laid  up  by  Watt.  jIH 

Did  you  conceive  it  a  proposal  made  by^" 

Watt,  for  the  adoption  of  the  committee? 

No,  my  lord,  1  never   viewed   it  in   that 
hght. 

Inwhathghl  did  you  view  it?  Was  it  a 
scheme  to  be  put  in  execution  by  the  com- 
mittee?— I  dare  say,  that  committee  never 
would  have  adopted  such  a  scheme. 

I  think  you  said  M^Ewan  expressed  his  ab- 
horrence at  tlie  scheme,  and  you  expressed 
yourself  much  to  the  same  purpose  ?^I  said, 
no,  DO. 

Did  you  understand  these  expressions,  as 
consistent  with  the  opinion  of  the  rest  of  the 
committee  ? — As  to  tne  expression,  the  rest  of 
the  committee  did  not  express  approbation  or 
disapprobation. 

Was  it  a  scheme  proposed  by  llie  com- 
mittee ?— I  never  looked  upon  it  in  ihatligh' 
or  that  it  was  read  with  that  view ;  I  kne 
nothing  of  whether  Mr.  Watt   wrote  t1 
paper. 

Did  you  conceive  it  merelv  as  matter  of 
curiosity  ?--I  rather  considered  it  as  a  kind  of 
phrenzy,  my  lord. 

Did  any  of  the  members  of  the  eoromtttee 
express  any  approbation  of  ihe  scheme?--^ 
None  that  1  tecollccl.  i 

Had  yoa  any  ccnver^fttioQ  with  Dowtu« 


►n  or 

om-^J 
igh^f 
neni^H 


79] 


34  GEORGE  m. 


Trial  qfDaxM  Dtmiie 


[80 


about  it  ftf\erwanls?^Never  ft  syllable,  as  far 
I  recollect. 

Can  you  affix  any  reason  for  that ;  for  not 
conversing  with  the  committee  about  this 
strange  paper? — I  never  was  in  the  committee 
but  one  time  aAer ;  I  never  saw  Mr.  Downie 
after,  but  one  day  I  passed  him  going  to 
chuich.  I  never  saw  Mr.  Downie  after  that 
evening. 

Who  took  the  chief  lead  and  direction  of 
the  business  of  this  Sub-committee? — Mr. 
Stoke  and  Mr.  Downie  wrote  any  thing  they 
had  occasion  to  write. 

Mr.  Afutruther.-^MT.  Stoke  and  Mr.  Dow- 
nie wrote  any  thing  they  had  occasion  to 
write? — ^No,  not  Mr.  Downie. 

Mr.  Stoke  and  Mr.  Downie  you  said. — It 
was  a  mistake. 

Who  was  employed  by  the  committee  ? — I 
do  not  understand  you. 

Was  Downie  an  active  member  of  the  com- 
mittee ? — He  was  a  member. 

Did  he  interfere  much  in  the  management 
of  the  business? — No,  not  anv  further  than 
taking[  a  few  pence  that  was  brought  to  the 
committee,  but  never  kept  any  book  as  I 
know  of. 

Was  there  much  money  collected  ?— No, 
my  lord,  while  I  remained  there  was  not. 

Could  you  give  a  name  to  it  ?^I  could  not. 

Was  there  30«.  SOf.  or  40s.— I  could  not 
give  it  a  name,  my  lord,  on  no  account. 

Was  there  100/.  collected  ?— There  might 
not  be  100/.  for  me. 

Mr.  Downie  took  the  whole  that  was  col- 
lected?—Yes. 

And  paid  for  the  room? — Yes,  I  under- 
stood so. 

Had  you  any  book  ?— No,  no  book. 

No  minutes  ? — ^No  minutes,  my  lord ;  there 
was  no  preses  chosen,  nor  no  minutes. 

Do  you  know,  from  your  own  personal 
knowledge,  that  Mr.  Downie  received  any 
monev  at  aU?«I  know  of  my  own  personal 
knowledge,  that  I  have  seen  Mr.  Downie  take 
up  a  few  pence,  and  jot  it  down  to  pay  for  the 
room. 

Have  you  seen  any  money  paid  by  him  ?— 
Yes,  a  few  shillings. 

Can  you  tell  what  was  paid  to  him  ? — It 
was  impossible  forme  to  tell. 

I  ask  you  what  you  know  from  your  own 
knowledge  ? — I  have  said  I  have  seen  a  few 
shillings  paid  in  at  the  time. 

And  that  is  all?— Yes. 

Mr.  AfutnUker, — Were  you  present  at  the 
Sub-committee  on  the  first  of  April,  do  you 
remember  ?— My  lord,  I  cannot  recollect  as 
to  the  day,  it  is  impossible. 

Do  you  know  Mr.  Downie's  hand- writing? 
— I  do  not  recoUect  his  hand-writing ;  except 
in  the  shcrifPs  office,  I  never  saw  him  write 
down  what  he  had,  he  jot  that  down  for  a 
fewpence. 

Mr;  CUrk^^You,  say  the  cause  of  your 
alarm  was,  they  were  to  cany  Ihinss  to  an 
extraordiDaiy  length;  do  you  think  Uiat  Mr. 


Downie  was  one  of  those  who  meant  to  do 
so  ? — I  never  understood  the  measures  in  that 
paper  were  to  be  carried  to  any  length  at  all, 
out  that  paper  was  just  to  be  thrown  by  and 
destroyed;  I  never  understood  that  was  ever 
to  appear  in  that  committee  again. 

I  thought  you  mentioned  your  reason  for 
leaving  that  Sub-committee  was,  you  were 
afraid  they  were  going  to  push  measures  to 
an  extraordinary  lengtn,  diet  not  you  say  so  ? 
— I  said  it  went  extraordinary  lengths,  but  I 
did  not  think  it  was  to  be  carried  into  exe- 
cution. 

Was  Downie  one  of  the  people  by  whom 
you  were  afraid  it  would  be  carried  to  extraor- 
dinary lengths  ?— No,  sir,  I  never  saw  any 
thing  in  Mr.  Downie,  that  gave  me  the  least 
occasion  for  any  alarm. 

Have  you  seen  Mr.  Downie  ?— Yes,  I  have 
seen  him  in  different  committees  and  places. 

What  is  your  opinion  of  his  disposition  ? — 
I  do  not  know  whether  it  is  a  fair  question, 
my  opinion  about  any  body's  disposition ;  I 
do  not  think  it  a  fair  question. 

Do  you  conceive  Downie  to  be  a  man  of  a 
peaceable,  quiet  disposition? — I  never  saw 
any  thing  to  the  contrary. 

Mr.  CuUen. — Vou  haa  no  acquaintance  but 
in  the  committee? — None. 

Were  you  acquainted  with  him  before  you 
came  into  the  committee  ? — No,  I  once  occa- 
sionally was  with  him,  I  had  no  acquaintance 
with  him. 

Mr.  Baron  Norton, — ^Will  you  tell  us  as  to 
that  ^pcr  that  ^ve  you  so  much  alarm,  that 
you  did  not  thmk  was  fit  to  be  carried  into 
execution,  can  you  tell  what  way  it  was  intro- 
duced in  the  committee  ?— To  the  best  of  my 
recollection,  our  meeting  that  evening  was  to 
answer  a  letter  that  came  from  London  ;  I 
know  of  no  other  business ;  it  was  to  be  be- 
fore the  committee  that  evening;  and  Mr. 
Watt  just  took  this  paper  from  liis  pocket, 
or  from  the  press,  ana  read  it,  and  put  it 
down. 

And  did  not  say  a  word  about  it  ? — No. 

Nor  why  he  read  it  ? — No. 

Nor  about  what  he  was  going  to  read  ?— 
He  said  he  was  going  to  read  a  paper. 

Did  he  say  he  nad  ever  shown  it  to  any  per- 
son before  ? — No,  my  lord,  he  did  not. 

Mr.  Gardner  sworn. 

Mr.  Anstruther. —  Do  you  know  Mr.  Dow- 
nie*8  hand- writing  ? — ^Yes,  and  I  have  a  letter 
in  my  pocket,  which  I  received  from  him 
when  he  was  in  gaol. 

Will  you  look  at  that,  and  tell  me  whether 
it  is  his  hand-writing? — I  am  certain  David 
Downie  is  his  hand- writing. 

Is  the  postscript?- -I  think  the  postscript 
is,  but  cannot  be  sure  of  it 

Look  at  that  ?— It  ceruinly  is ;  I  have  had 
so  many  ^ears  an  opportunity  of  knowing  his 
hand-writing. 

You  are  sure  that  is  his  hand-writing  ?— 
Yes. 


fm"  High  Tnason. 

!  riffular  letter  for 
J  ask  Mf*  G;irclner 


A.iy.im, 


[82 


uu  aluut  U. 


Cro^s-exantined. 

fr,  Cn/f^ii.-^Bc  so  gocKl  tu  to  look  lit  the 
*  letter,  and  see  if  the  interlining:  is 
^  1  hand? — U  IS  hetler  wrulf  tliaii  he 
Fte  grwerai :  it  i%  not  like  the  subscrip- 
liMH  1  bsvr  h.'td  from  him,  I  cannot  say 
whctb**f  '■  "-  '^'  ^'^*  K»,  MPs*  ii  !^  better  wrote 
tilftnttTi  I  by  hnn. 

tl  iivvii  as  oue  of 

1  i  ks  t —  V  es, 
r>  cu  long  a  member  of 

itesocictvf — He  imi»  been  Si  or  V3   years» 
lai  hu  ietn  doing  business  for  me  j»ince 

Wlist  Is  yo^tr  \f\en  of  his  rhsnicter,  as  a 
nn  of  fcoc^^^   '  '       I  iieni? — 

0unikeAll  1^  ^  ^o,    I 

*'         '  111  in  inv  u\\n  trade, 

[J  temper  and  benevo* 

ever  nad  tiny  opportu- 
rirf  ill.    It  was  always  iu 

i>  ^.  .-.,„„ f4  business, 

attmd  honest  f — Yes. 
i  heax  A  ^uod  chiiracter  tn  the  corpo- 
>? — V««,  1  al  '  (I  upon  him  very 

btive  ia  nao:!^    ^  wa  uBairs^  as  fnr 

il can  tee. 

PU  jpoo  t^cr  know  any  thin^  to  the  con- 
Bf^,  ftity  thmg  ag&iinst  his  character? — I 
Ipcr  hik  ciiuse  to  say  he  did  any  thing 
J  to  mc ;  Its  to  hib  private  character  in 
potiicr  dealing  with  the  world  I  could  ^ay 
*     fofit 

reUr  Mai  hit  f  (jeweller)  sworn. 

Ur.  AMMiruiher.—Do  you  know  Mr,  Dow- 
mi*  bttad  writk^j;  ?^I  do. 
Toll  f»e  If  that  i%  it  ?    This  is  Mr.  Downie*s 

T«il  wnt  if  Ibe  postscript  is  (as  hand- wti  ting 

lksllall»«ft  t'  iuri;?— 'Yes,  lUiinkitis. 

To«  thlnic  c^,  }  tiiink  it  is ;  1  am 

«fliHl  lll#  *  "^  and  tl\ft  other  i^ 

^y   J  (The   prisoner 

m    ^^    ;..-   ,^i;<.;   and  tl>e  printed 

»-— Mt.  DiAvnie  was  asking  mc  if  I 
i  IS    his   hand-wriling, 

:  Iht  ^  '  Iter)  I  said  it  was  not, 

r^lj9  ^ou  lliiak  it  id?^No,  1  do 
■^tliiiJiJtiA, 

Mr.  Jame$  Umnter  sworn. 

lir.  AnMiruiker, — You  ore  a  clerk  of  the 
ioik?'— Yes.  iir  lAXlt, 

00  you  fi  bill  for  15/. 

pidMilf.l 

Wiit  Vmnk  Hi.  iiuutcr/— The  Bank  of 


j^^rnvkft* 


I'onlheback 

ptcd  by  Mr. 


Is  that  the  receipt  of  the  person  that  j 
the  money  ? — Yes,  it  is. 

Is  it  the  practice  to  put  if  tn  that  manner 
when  he  r©ceivt?s  it?*-To  put  received  above 
his  name, 

You  paid  that  moncv  ?— It  appears  in  my 
book  to  have  beui  paid  the  ICth  of  ApriJ. 

Does  it  sippear  jt  was  paid  thed^iy  it  ;»houI^ 
be?— II  does  fjol appear. 

Out  paid    10   Miller    16/.?— Paid  7lh 

Number  11.  15/.  7lh  of  April, 

Six  days  alter  date,  pay  Waller  Millar 
advised  by  Wm,  M. 

To  the  Treamter  ojtht  Bank  of  Scotland. 
Indur^d — Pay  the  witbin  to  I  he  urder  o! 
David  Downie, 

Clerk  of  Arrawns, — This  letter  is  dircctc 
to  Mr.  Walter  Miller,  rare  of  Mr,  Peter  Crai^ 
jkt    Mr.    Itobert    Wbyie%    merchant*  Ur|[;l| 
Street,  Perth.    Tliis  letter  is  dated,  "  Edii^l 
burgh,  9tlj  April,  17Q4, 

**  Sir, — I  would  have  wrote  you  yesterdjj 
on  receipt  of  yours,  containing  the  bill  of  15* 
sterling  on    the  Bank  of  ScoUaJtd;  but  hj 
your  omitting  to  send  me  your  address,  waf  J 
prevented;    and   finding  nobody  here    wh<|l 
could   inform  me,  r^   there  are  so  many  of  | 
your  name  at  Perth,  I  direct  lhi>  letter  to'thq 
care  of  a  person  who,  1  was  informed,  would 
not  neglect  the  first  opportunity  of  transmit* 
ting  it  to  you,  t 

'*  The  committee,  to  whom  I  showed  your'$ 
and  its  contents  last  night  at  their  meeting, 
empowers  me  to  transmit  to  you,  and  nil  their 
friends,  their  hearty  thanks  for  so  liberal  a.  \ 
remiltanee,  and  to  assure  you,  it  will  be  ap- 
plied to  the  most  proper  ends  in  view, 

**  There  are  no  tetters  from  L.  as  yet,  biif  \ 
you  will  see  in  the  l^ndon  papers  mention 
made  of  holding  the  Convention. 

"  Wc  have  had  here  an  aflfray  of  a  very  sc- 
riotis  nature  at  the  Theatre,  on  Monday  last, 
the  occasion  of  which  was  this : 

**■  There  was  a  trago«ly  lo  be  performed  of  | 
the  name  of  Charles  the  first.  The  plriy  be-* 
gan,  and  was  going  on  witli  the  rrreaiest  l»ar- 
mony  and  dec*orum,  when  some  furious  .Aris- 
totrats,  wanting,  no  doubts  to  trj'  the  di sposi^ 
lion  of  the  people,  called  out  for  lh»»  tune  of 
Got!  save  the  king.    The  tunc  was  ju^t  be* 

f tinning,  when  iin  universal  hiss,  mixed  with 
amcnlable  murmurs,  pcrv;ubjd  all  over  the 
house;  and  ttie  soii!iof  the  ftdille  were  obliged 
lo  desist,  and  they  played  l!>c  tune  of  .Mag'jjy* 
Lauder,  whirb  met  with  mn versa!  ap[>Iause. 
The  discomfited  Aristocrat?*,  not  knowing 
what  to  do,  m  order  to  efiect  tlieir  ptirposfr, 
called  in  the  Fenciblcs  in  the  Cnsile,  with 
their  olhcers,  and  then  desired  the  royal  song- 
to  be  again  attempted,  when,  meeting  with 
the  same  treatment  as  befort,  the  officers 
drew  their  swords,  and  the  soldiers  their  in- 
struments of  dealli,  to  deter  the  unarmed 
multitude  from  opposing  the  aofigof  thcit 
G 


m 


Si  GEORGE  III. 


Trial  of  David  Dtywnie 


[ftt 


llOYal  master ;  and  these  heroes  wcnl  to  such 
in  length,  as  to  cut  and  maim  several  people  In 
I4hc  fit,  ^'ho  refused  to  take  otV  Iheir  hats  as 
*the  tune  was  going  ou,  I  am  sorry  to  say 
Itliat  some  of  our  "best  friends  have  been 
[t>ruis€d  very  severely  After  the  tune  was 
f  over,  the  play  went  on  as  if  iiolhmg  had  hap- 
ffcncd ;— none  of  the  newspapers  here  take 
fmny  notice  of  this.  We  have  also  a  report 
;  the  Fencihles  just  now  in  the  Frith  have 
been  very  tuibulent,  and  that  an  armed  boat 
ivas  sent  to  overawe  them,  and  to  reduce 
l-thcm  to  subjection ;  and  that  the  Sans  Cu- 
I  iultes  liired  some  balls  into  the  boat,  when  it 
Iftlk ought  proper  to  sheer  off-  We  have  re- 
l  ceived  news  this  day  of  orders  being  given  to 
^ttop  the  recruiting,  and  we  have  some  reason 
ifo  believe  it,  its  it  cttnie  from  one  of  our 
|))aillies. 

"  We  propose  to  send  you  a  parcel  by  the 
^  carrier.  Will  you  be  pleased  to  5end  us  your 
address  as  this  comrs  to  hand.  I  am,  your 
very  humble  servant^        Davio  Downie, 

"  Edinburgh,  9th  April,  17D4. 

«*  P*  S.  We  are   happy  to  have  it  in  our 
Lnower  to  assure  you  from  onr  information 
Ftrom  England,  and  different  parts  of  Scotland,  \ 
I  that  the  Tate  proseculionj*,  insieud  of  retarding 
'have  atccliTaled  the  great  cause  of  freedom. 

**  They  have  in  aifranks  created  the  desire 
i  of  knowledge,  of  course  increased  the  number 
offriends*  If  we  can»  iherctore,  judge  from 
.our  a&surances,  the  day  is  not  far  distant, 
^nvhen  the  people  shall,  as  the^'  should,  be  Iri- 
[  vmpbant  over  the  enemies  of  our  country/' 

Mr.  AnUruthcr,    The  gentlemen  of   the 

I  jury  will  understand  the  body  of  the  letter  is 

f  "V-Titlen  by  a  clerk,  or  somebody  or  other,  and 

signed  by  David  Downie.    The  postscript  is 

'  writlen  by  Downie  himself. 

[Another  paper  read]* 

This  begins,  " — Sir,  Last  night  at  a  meet- 
ing of  the  F  of  the  P  in  Edin- 
burghf   a  motion  was  presented   by  citizen 

'  \\  ihiam  Robertson,  in  consequence  of  a  re- 
l^re^entation  from  ciliy^n  David  Hunter,  tlat 
you  wished  to  be  informed  of  the  state  of  the 
public  spirit  in  the  city,  and  that  you  likewise 
llcstred  to  have  some  Hibscriplion  papers  for- 
tvarded  to  you  j  whereupon  it  was  resolved, 
that  the  sub-committee  should  be  authorized 
to  VT  *^  and  while  they  transmit  you 

the  u  papers^  rwjuesied  to  inform 

you  u;  ;,.x  ^jnc  time,  that  tne  ^ipir^'  *  *'^' t- 
uom,  notwilhstundmg  all  the  unc(>i  ^ 

mensures  latel>  adujited,  IS  hy  no  i. i- 

prcshed,  but»  like  a  lire  attempted  to  be  ^mo- 
thcred,  m(n'af«;>»  tcnlald,  and  will  ere  long 
cotifiume  nil  lliosc  who  attempt  to  extin- 
guish it, 

**  There  are  msn  which  we  may 

wjjili  to  write,  wlr..      ,  ,  in  the  present 

criBia^  It  would  bu  a:ij)Uidt:nt  to  com  mil  U) 

•  ^jier.  Wc  ihdil  therefore  conclude  with 
wi^kmg  tn  iucrcsae  to  the  number  of  tim 


real  friends  of  freedom  all  over  the  glohe^  auti 
of  the  friends  of  constitutional  reform  in  tliis 
island  in  particular. 

"  When  you,  or  any  of  the  worthy  mem- 
bers of  your  association,  have  business  thia 
way^  we  shall  be  happy  to  see  you.  Societies 
of  the  F.  of  the  P.  meet  every  night,  except 
Saturday  and  Sunday,  either  at  C.  Robertson's 
school,  Symon's  square,— Philips'  bchool^Cal- 
ton,  or  C.  George  koss*s,  Liberty-court,  South 
Bridge. 

*'  In  the  name  of  the  Edinburgh  Commit- 
lee  of  the  Society  of  the  F.  of  the  P.    1  am/' 

Clerk  ^'Arraigns, — There  is  no  subscrip- 
tion. 

*'  P,  S,  Either  on  Saturday,  or  at  farthest 
on  Tuesday  next,  you  may  expect  the  fir&t 
number  of  the  new  Gazetteer,  which  will  then 
begin  to  be  published  in  the  spirit  of  the  old. 
Lest  tJie  proprietors  should  fall  short  of  funds 
to  pay  the  stamp  duties,  it  is  proposed  that 
every  subscriber  should  pay  per  advance, — 
Subscriptions  by  C  George  Hos5,  Garettcer- 
ofljce,  South  Bridge,  who  will  grant  receipts 
for  the  money, 

"  Sub-Committee,  April  1st* 
"  Resolved,  thatlVIr  Reid  the  former  trea- 
surer be  rcf^uestcd  to  continue  in  his  office, 
subject  to  the  restrictions  to  be  hereafter  laid 
down. 

"  Resolved,  that  till  his  determination  be 
known,  C  D,  be  requested  to  lake  charge  of 
the  monies  whiich  may  be  received  by  the 
cotiunittee  this  evening* 

'*  Minutes. 

"  Report  of  the  Committee  of  Correspon- 
dence given  in* 

"  From  the  Canongate  Society,  No.  3,  re- 
ceived the  sum  of  one  pound  ten  shillings  and 
tliree  pence  halfpenny,  which  is  hereby  placed 
to  their  credit.  David  Dcwwie, 

*'  Regulations  of  the  sub-committee  with 
respect  to  the  treasurer.    Aoril  1st,  1794. 

**  All  monies  tliat  shall  oe  paid  into  the 
trcifcsurer's  Viands,  from  this  day,  shall  be  ap- 
phed  to  *uch  purposes  only  as  the  Committee 
of  Ways  and  Means  for  the  time  being  sh  all 
direct. 

"  The  treasurer  shall  give  a  receipt  to  th« 
^aid  committee,  for  what  monies  he  Koay  have 
received  from  them. 

'*  The  treasurer  shall  not  give  up  any  part 
of  the  ha  id  monies,  on  any  pretext,  except 
on  a  requisition  sijzntd  by  tour  members  of 
Uie  sub  comniitlce,  and  specifying  the  sum 
wanted.** 

Priiontr, — ^Gentleroen  of  the  uirv  : — Vcm 
will  observe   th<it  is   not  my  f  ng, 

except  the  rcrript  for  the  moi-  vA 

tcj  show  it.  1  lie  receipt  for  nioncy  is  tny 
hand-writ itif^.  !  nr knowledge  to  have  re* 
ceived'  ^my  hjUid*wriUiig 

only;  loy  hand  but  ' 

receipt  Iq*  Uic  money. 


m 


JhfT  High  Treasoi 
Willi&m  hockhart  swom. 

Lard  AdvocAte. — Do  you  koow  a  man  of 
tbe  BUBe  of  Uobrrt  Watt  ?--Y€9. 
Where  diJ  he  reside  ? — Norlh-Bridgc-Closc. 
Yo«  Are  shcrifTs  clerk  ? — Yc5. 
Vott  hiul  a  warranl  from    the  shcriif  to 
March  WaU*s   house  ? — Yes,    to   scarcy»   for 
tome  epodd  sUegcd  to  be  secreted  there* 
DidVoiSSO^— Yes. 

Who  wma  there?— There  was  Mr,  Miller. 
Bcmember  what  time  of  the  day  it  was  ? — 
ll»i5lhofMay. 
WhaH  time  of  day  ? — Id  Uic  aflemooo. 
nil!  %  i>u  (iad  the  goods  i — Yes. 
house  ?^ — Yes. 
jury  what  you  found,  and  what 
jwi  dial  Uicfe } — ^1  found  some  pikes  there. 

IM  us  »ee  ihero  ?— [Producing;  the  pikesT. 
Tbmm  twelve  I  found  in  a  locked  up  press,  in 
ti»  eoortc  of  roy  search :  I  tuuk  one  up  to 
Ihr Shfffflff  Cictk's  office^  and  informed  Irim  of 
iltiad  be  ^tve  me  a  warrant ;  I  carried  it  to 
Watt*iy  ihq  Watt  was  conic  into  the  house, 
aai  be  vas  taken  up  to  the  shcriiTs  office. 

Did  you  jgo  back  that  evening  .1  second 
liar,  or  third  time? — Yes,  I  did;  I  went 
ledt  belw*f«o  twelve  and  one  tliat  night,  to 
lecnn:  the  wiodows  of  the  house, 
^l>jil  ypu  make  anv  farther  search  ?— Yes,  I 
m  elosct  that  I  had  not  been  in,  in 
BT  senrcb,  and  we  searched  the  cio&et, 
I  there  I  Ibuod  some  more. 

did  you  find  ?— I  found  other  two  of 
\  kiod,  end  thoN?  two,  and  this  pole. 
_fDid  you  try  whether  they  fitted  with  that 
filtl-^  fried  than  before  they  came  out  of 

Tiy  teoi  a^aie,  and  see  if  they  fit?— 

[Thei  be  screwed  on  the  halbert  head]. 

Did  you  try  the  other  f— Yes. 

(Ihc«  be  tries  on  tlic  large  one,  which  fitted 
is  iIm  MmeKrow,  and  on  tbe  same  pole]. 

Cmri, — What  i«j  the  use  of  that  thing  you 
I  m  your  hand  n<iiv  n^>bin  il  ? — A  smiilt 
hendle  it  1  into,  to  go  upon  a 

^ck  or  ,  or  to  go  over  the 

iBf  of   the  ftatT   wit^i   the  screw,  without 
imewtBEOCi ;  it  slip-^  on  th:it  p:<rt,  :\u^\  comes 
dy  lowr  J  of  the 

dbchai)-  L  fued. 

Adtveuit\  "  \\  iivii   wifci*  tluue    with 
I  ? — Tbcy  were  carritd  to  Sheriff  Clerk's 


Dki  aoy  tluog  elic  ippeei  proper  to  be  car- 
!^  '     "'    rtf  Cierk's  office,  that  ^^y  or  the 
c  wea  a  fount  of  types  found  the  | 


Croi»*e:iamiuation. 

Ifr.  Ckwhf^?imj  were  you  wni  to  searth 
«.  fhfmwktf^  th**  nriiont  r*-.  Iiou^e  ?— Ycfi, 

Did  you  fi  -No,  sir. 

Z^rrf  jidki  ^     >.crw4ail? — 

^  :aaaideiilik  iuue  aUcr. 


A.  D.  1794f.  [86 

William  Middieton  sworn- 
^  You  arc  a  sheriiTg  officer  in  Edinburgh  ?- 

Do  you  recollect  bciny:  employed  to  search 
the  house  of  Robert  Watt?-^Ye^,  on  the 
evening  of  the  15lh  day  of  May. 

Who  was  employed  in  that  ^arch  with 
you?— Mr.  William' Lockhart, 

What  was  the  purport  of  that  warrant? — 
The  purport  of  that  warrant  was  10  seiu-ch  for 
some  ijaods  secreted  there,  belonging  lo  a 
haudulent  bankrupt. 

Were  they  found  ?— They  were  found  in  a 
cellar,  coming  into  the  dining  room  of  WaU*8 
house. 

Where  were  these  spears  ?— The  door  was 
locked  where  they  were.  It  was  opened  by 
the  smith  that  had  previously  opened  the 
place  where  the  bankrupl*s  goods  were  se- 
creted; I  took  one  in  my  hand,  and  Mr. 
Lorkhart  said  he  thought  it  a  dangerous  in- 
strument; it  looked  very  uncommon;  he 
thought  it  dangerous,  and  asked  if  there 
were  more ;  [  said  yes  ;  on  laying  Ihem  down 
on  the  carpet,  tticre  were  VI 

Did  you  malce  any  other  tearch  ? — Yes,  upon 
the  second  time,  we  went  in  upon  the  second 
flat  of  Mr,  Walt's  house,  ihiukjug  we  had  net 
went  too  narrowly  to  wurk— we  searched  f.ir- 
Iher— we  found  two  more  pike^,  two  baltli 
axes,  and  a  shaft— these  are  them. 

Did  you  try  them  to  the  top  ?— Yea, 

Aod'did  they  fit? — Yes. 

Did    you  make  any  farther  srnrch   aAei 
pikes  ?— Yes,  I  went  lo  Robert  Orrock,  the' 
smith,  at  Dean.    I  had  a  warrant  irom  the 
sheriff. 

What  was  it  to  do  ?— To  search  for  spears. 

Did  you  find  any  ?— I  found  twu  or  thn 
and  thirty  of  the  same  kind;  those  are  the 
instrumeuts  thai  were   found  in  the  smidd 
of  Robert  Orrock,  the  smith  at  Dean. 

And  in  an  unfioislied  stale  ? — Mostly  in 
unfinbhed  state. 

Two  or  tliree  atid  thirty  ? — Yes,  I  am  noi 
positive  of  the  number. 

What  did  you  do  then?  —  They  were 
brought  to  the  5  he  rifle's  office,  and'  lodgei 
there,  and  Orrock  brought  a  prisoner  aJoiii  ^ 
with  thcra. 

Cross-examination. 

Do  you  recollect  w he u  yuu  searched  Watt's 
House? — It  was  in  the  evening  of  the  15lh 
day  of  May. 

Was  that  towards  the  end  of  the  week? — 
About  Thursday. 

Did  not  you  afterwards  search  Dowme*s} 
—Yes.  ii 

J  low  long  afVer? — I  think  about  the 
turday  after. 

Arc  you  sure  it  was  not  upon  the  Friday  you 
searched  Walt's  hnusc? — ^No,  sir. 

Did  you  6nd  any  Hung  in  Downie's  house? 
— No,  sir ;    but  ilicrc  wan  a  «slaie  he  ^ahI  he  | 
h;*d  kept  a  journal  upon,  for  the  money  under 
his  hands. 


S^  G£ORG£  III. 

lif  you  found  any  pikes  there?— No, 
J  of  the  kind. 
Ijcii   was  it  you  searched  Dowme*s  I — I 
caniiol  positively  say. 

Wtts  n  the  same  uight  you  searched  Wall's? 
— NOj  1  am  pusilive  it  was  not. 

Was  Lockliart  with  you? — Yes  it  was  the 
same  rtay  Itiat  Lockharl  aod  Dingle  %vcre 
searching  Wall's  house^  I  was  pre&ent  with 
them. 

AJargaret  Wkiiecrou  sworn. 

Lord  Advocttfe.  —  Do  you  know  David 
Downic,  the  goidsmilbr  i^  thai  him  there? — 
Ves. 

Were  you  in  his  service  last  winter  ? — Yes,  I 
was. 

What  lime  did  you  leave  his  service?— At 
Whitsuntide 

Have  yoti  seen  any  thing  like  that  before  > 
i  r showing  the  witness  the  pike  head  \ — Yes,  I 
[  pave. 

Where  did  you  sec  il  ?— In  Mr.  Downie's 
ilining-room. 

Was  that  before  the  term? — I  think  it  was 
a  ?reat  while  before  the  term. 

When  did  yuu  we  it  ?  -1  tiaw  it  in  the  morn- 
ing, when  Twent  Ut  dujsl  Ihe  dining-room. 

What  lime?— t  beUcve  it  was  about  6 
o'clock  in  the  mormng. 

Did  you  ever  have  any  conversation  with 
jrour  master  about  it  ? — His  son  came  and  took 
It  away* 

.  there  any  conversation  between  your 
iter  and  mistress  about  it  ? — She  asked  him 
;  he  hud  done  wilh  the  dividing  knife. 
Did  he  say  wfiether  he  had  got  the  dividing 
knife  ?— She  a^sked  Mr.  Downie  what  became 
of  the  dividing  knife  dial  Charles  found  in 
tlje  dining  room. 

What  did  he  say  ? — I  believe  he  said  he  had 
locked  il  by. 

Had  there  been  any  body  the  night  before 
•  in  yonr  master's  house  at  supper  ? — No. 

Who  let  your  master  in  that  night?— 
\  I  did. 

Was  it  late  ? — I  cannot  be  certain ;  I  had 
been  m  bed. 

Wm  it  four  o'clock  ?— I  believe  it  wa^ ;  the 
«iou  came  out  iVom  hi^  bed-closet  in  the  mom* 
tng,  as  soon  us  he  heard  me  in  t)ic  room. 
And  took  up  this  knife  ?^ — Yes. 
I^thni  In*  thing  Mrs.  Downie  called  the 
divi<  —I  am  not  certain. 

Dm  V  who  brought  it  there  ?— No, 

I  cannot  say. 

Court. — Did  the  son  take  it  awa^  frofQ 
jruur  owo  haiid?»NOf  I  iuui  it  noi  io  my 
hand. 

Did  your  ma«(ter  tay  any  thins  about  it, 
\  mhcu  he  camr-  in  Jate  at  night  ?  — No,  sir. 

Dt '  r.tr  your   m.ister  propose 

.  tikii  I  the   kind  wiU)  him  at 

[m^U'  -■•     \',. 

11  when  be  came 

,^  in^  iM  vjM.iv.-i  — :-,uMi>  but  not  much. 
Qti  he  took  il  away  ?— Yes. 


Trial  of  David  Dtmnie 


[»d 


-Had  Mr.Charles»  tbe  son, 
his    fatlier   that    night  ?— 


Lvrd  Pre^idfuL' 
been    out    with 
No. 

Where  did  the  son  carry  it  to  when  he  took 
it  away? — I  cannot  say,  h«  took  it  into  the 
I  closet. 

Who  asked  Mr.  Downie  what  he  liad  done 
wilh  the  dividins;  knife? — Mrs  Downa*  asked 
him   whnt   he   iiad   done   with  the  dividing 
.  knife  that  the  son  liad  m  hi$  hand. 

What  did  he  say  f^Ht  said  he  had  locked 
it  by. 

Lord  President, — When  was  ihe  nuestioa 
asked  at  Downie  ? — Sometime  after ;  i  cannot 
just  recollect  whether  it  was  tiie  tame  day  or 
uo. 
I  Did  Mr  Downie  pay  any  thing  more  abaut 
dial  dividing  knile?  — Ucdid  nul  say  it  was 
not  ;i  dividing  knite 

Prav  did  yoti  think  Mr.  Dgwnle  was  speak- 
iiiE  cd'an  in^trumoul  like  tliat,  when  he  was 
talking  of  a  dividing  knite?— Nu. 

Did  yon  know  what  he  was  speaking  of?— 
I  did  nut  know. 

Are  yuu  sure  the  instrument  you  saw  was 
hke  this  ?  -To  the  best  of  my  knowleilge  I 
think  it  was. 

Had  it  such  a  thing  as  this  and  that  ? 
[Poinlmg  to  the  axe  ana  houk  parts.]  1  think 
It  had,  but  I  hud  it  not  in  my  band. 

When  did  you  see  it  ?— A\  6  ucior k. 
I      Did  you  lake  a  good  look  at  it  ?— Not  a 
I  very  j;uod  Itntk. 

I       Did  you  think  what  it  was  at  t'"  +■     '  -  — I 
j  never  had  seen  ?.uch  a  isu-go  divi. 

Would  you  lake  that  lor  a  divnjkii^  i^,,..,.  /  — 
I  I  cannot  say. 

Pray  is  not  your  master  a  dealer  tn  old 
blades  of  swords,  and  di0mnt  insinimejita  ? 
— No,  sir. 

Mr,  C«//fn,  — Had  not  he  a  working  fbr- 
nace? — A  snt.dl  working  mmace. 

Were  you  looking  at  it  when  the  son  camo 
and  touk  it  up  ?— No^  sir. 

Did  tie  go  to  hiB  betl  again  after  he  took  It 
up? — 1  iaiHKjl  say,  lir. 

Court.-  Did  he  beein  to  Imvc  any  other  bit* 
sincsji  in  the  ;«>oai  than  takini;  up  the  knife? 
— [  did  not  &ee  uny  other  In  '  <    had^ 

Did  you  never  tell  your  about 

a  lhm|»  of  that  kiiid^-tiji  neigh- 

bours happcnc-d  to   he  f»pt-  >  t  it.     I 

do  not  rrxoUccl ;  tliey  wiiu  .,__.. li;^  about 
something,  and  I  happened  to  be  spe&klog 
about  it.  " 

It  d)d  not  *»trlke  you»  you  had  seen  a  thing 
of  that  kind  biiiore'? — No,  sir  I  did  not  Ikuiiik 
much  of  It. 

Lard  Prtiident  — Hod  you  been  in  the 
room,  the  in  .  ?^  Yes. 

Were  yun  - 1  could  not  recolleet*! 

'■  I     Mff    were  you  in  tl)atrooiii| 

i-nu  i:,     ■  ti.Lily  5iip  in  ihc  room?—!  caaOOl  ] 

say. 

U  ihai  ;Uc  iyc^i^i  lUcy  ci^uiaa&uly  ^t  i 
Ycf, 


f^  High  l^eason. 

\  not  |tpil  ^  '  bcoQ  m  bed  bcfbre 

Ntf  master  cai  ^  .  c^* 

llr.  Cuikn* — Did  you  let  your  master  in 

'Wbcndj  1  ^  s  serviced— At 

'  "  Tcd  before 

iiy  wages, 

-I  ..^u  -iven  good 

I"  fore  I  went;  I  then 

iir.    -,.  ,  .  .tier  place,   and   my 

ifite  ft  day  or  iwo  before  the  term, 

tiur;sy;  and  my  mistress  would 


A.  D.  list. 


[90 


''£Si. 


-SJie  5iiys  her  Imthcr  came  two  days 
'  took  her  away. 
rW*:  .  iljer  cause? — No,  aad  I 

pd  my  Lr:!»2  ixi  gc\  another  place. 
rUitlMr^  Downie  itnd  fault  with  your  con- 
io  any  other  parlicular?— No  tir,  not 
L I  koQW  ai\ 

Rvhcrt  Or  rock  sworn* 
^..r..-,t..*.    Generate — You    live  at  tlie 
' — A I  Dean, 

lumber  of  I  he  Brititih  Con- 
oiion  in;i  !  winter?— Yes. 

'  You  1PCI '  I  tt  to  it  ?— Yes. 

iJkf^a  know  ih4.t  tht!  Briiibh  Convention 
"^  1  ikipersed  by  the  niagiwtnites  I — Yes, 
Aiitr  tliat,  Jo  you  know  of  a  comniitice 
i  tfifiointed  and  meeting  f-^l  know  that 
?  wm%  but  it  was  a  good  time  after  that. 
►  liow  kfog  after  ? — 1  cannot  say. 
Wo«t|(l  it  he  a  month  or  u%  weeks  ^—«Cer- 
J  it  woa  mnrc  than  ibat. 
,Aifi(e«ti]  It  Id?— There  ware  some 

.1, 

Li   of  such  a  thing  as  a 
'—Ye*. 

i  Wi^  w  ..«,.^-, .- ..  i^l  do  not  know. 

Il0  jon  know  ^ay  of  them  at  all  ?— Yes. 

Wcf^  they  chosen  from  oihcr  societies  ? — 

Ifcit  liwii  lather  locietics      There  were  diffe- 

\  ^bosen;  anme  cha««  more  than  one 

kfj  fUpfiQie  two  or  three ;    but,  m  point  of 

"Tiiig  w(jo  the  lueitibers  were^  there  wer« 

*rfy  lew  titat  1  lor  my  part  kut-w  |»crfoctly, 

bill  Ilif-rT*  »-&•  fium  tiiat  society  that  I  cainc 

kmti,  I 'T  of  lA'ith,  there  were   Mf. 

iMh«j  n,  and  ^Vdiiam  Farquharson, 

Wlvii^ae?— adx.  Watt.  Mr.  I>ownic,  Mr. 

Wc»  you  vounelf  a  member  of  llial  com- 
g|_y.:   I  ...... 

Wherr  (  umittcc  meet  when  th« 

ittr  ->  _  _  —I  do  not  know  whellier 

1  >ut  our  society  met,  and  dele- 

Itfi' 

lalf— At  Goorgt^  Rosa's, 

If  pTiMcnt  Hi  mure  than  one 

fcikii^:'— I    «ru»  prr^nt  ^  many — at  difte- 

otte^.     I  was  not   prcs*eat  every  nii^ht 

utieii  from  huiiiiess  i  could  not  get  to 

}  yini  thcra  whrn  there  waft  aoy  con- 
i  almil  arming  f-« Yes  I  waa. 


''eti  ns  what  was  eaidf  and  who  said  it?^ 
It  is  rather  a  thing  that  ballks  me  —  you 
speaking  to  me. 

Be  lo  good  to  tell  what  passed  at  this  com* 
mittee  f--l  was  reading  the  nemrstMipera ; 
there  were  ditibreot  ooaa  reading  the  pajp^r, 
and  I  myself  for  one. 

Mention  who  it  wag  f-*-l  will  mantion  it 
whiin  I  have  time. 

Tell  your  own  story,  it  is  best.— That  is 
best.  There  were  different  ones  reading 
the  paper,  and  I  myself  for  one,  as  I  said 
before ;  there  was  great  talk.in  the  papar  nf 
a  French  invasion ;  there  was  likewise  said^ 
but  positively  by  whom  1  could  not  say,  I 
fiuppofce  it  was  by  Mr.  Watt,  as  I  told  you  be- 
fore, that  there  were  arms  come  down  to  iKt 
Goldsmiths-hall  gentlemen;  that  was  the 
words  as  near  as  I  can  say;  I  think  Mr,  Watt 
was  the  person  that  said  so*  Some  one  ther« 
said  that  we  had  better  apply  fur  arms,  and  it 
was  said  again,  by  whom  \  cannot  say,  there 
need  no  apnUcation  :  for,  if  the  I'liends  of  the 
Peopb  applied  to  government*  they  would  get 
none.  It  was  then  said,  1  believe  by  Mr; 
Watt,  I  could  not,  as  I  have  now  ^worn,  say 
he  was  the  [)er^on,  that  there  was  no  law  in 
exifitence  lo  hinder  us  from  getting  arms  for 
the  defence  a(  the  country ;  at  the  lime  upon 
which  I  was  saying  this  conversation  passed, 
I  said  [  would  make  one.  \ 

What  kind  of  arms  ? — ^Thcre  is  the  slicfc. 

What  passed  in  the  rommittee  upon  it  f— 
There  was  no  more  passed. 

You  said  you  would  make  one  of  them? 
What  did  you  mean  by  tliem  ?^ — What  tliey 
had  mentioned,  to  wit,  weapons, 

Wiiat  did  they  cali  them  ?-  -I  could  not  po- 
sitively i<aT  that;  they  said  they  weie  pikea, 
and  I  said  [  would  make  a  weapon  ihr  myKlf* 
which  I  accordmgiy  did  somriimc  aflof, — 
tins  was  a  considerable  time  afltr. 

Tell  now  who  were  present.  Was  Downie 
pres^cnt  at  thi$  meeting  of  the  committee  ? — 
Yes  Mr.  Dow  Die,  Mr,  M*twan,  Mr.  Bon- 
throne. 

And  were  any  more? — I  do  not  recollect 
who  cIms  was  present,  there  were  more  peo- 
ple, tint  thefo  were  people  there  I  never  saiw, 
iuid  did  not  know  their  names-^ there  wa« 
wa.H  very  little  said. 

You  Hccordiui^ly  made  such  a  weapon?— 
Yes  I  did.  Upon  n^aking  it  Mr,  Wall  CMtt# 
to  the  Water  oi  t^eilU,  and  he  sent  for  me — 
I  was  bus^y  working  at  home  s»l  the  lini^;  I 
did  not  go  the  first  lime— there  came  down  a 
per'^oti  at;  tin»  and  I  wet*!  to  the  Water  of 
Leilh  wheit  I  lelt  work,  and  I  a^kcd  who  sent 
for  me;  I  luund  it  wa»  Mr  Watt,  and  be 
asked  me  il  I  had  ituide  buch  a  weapon. 

He  see^vf'd  lo  understand  what  4t  wae,— * 
What  did  yc*u  say  ?*  -I  told  him  I  had. 

WhiU  kind  of  wei*poti  was  it  that  you  made 
for  yourH*»ir;  like  one  of  ihehc  ? — No,  like 
nofM/ of  \hiTin.  j 

Wlmt  did  Watt  say  ?--Make  a  knife  lik»  m  I 
point  of  a  tword, — it  was  a  thick  back  wcwl  | 
thin  edge,— it  was  liharp  on  ^iVv  »^^  -^  '^^ 


^l^bhfe. 


91] 


Si  GEOUGK  IIL 


Trial  of  David  Do/oinic 


l^ 


poinV-it  was  sharp  at  the  point  on  both  sides 
about  an  inch. 

That  was-  the  weapon  you  made  for  your> 
»elf,*"Mr;  Watt  said  would  not  so  and  so  be 
better?— I  did  not  f«how  it  Watt,  he  only 
heard  by  representation  what  the  weapon  was 
like,  before  I  showed  him  he  understood 
what  sort  of  weapon  I  had  made,  and  of 
course  said  that  would  do  better. 

Did  he  make  a  drawing  any  thing  hke  it  ? 
— As  far  as  I  saw  he  did  not  upon  paper,  but 
the  table  was  wet,  and  he  niade  it  of  that 
figure.  He  desired  me  not  only  to  make  it, 
but  he  desired  after  this  was  made  according 
to  his  directions,  I  was  to  carrv  that  I  made 
for  myself,  and  tlie  other  to  the  committee, 
and  accordin^y  I  did  make  and  carry  it ; 
that  is  the  very  thin^  I  made  to  his  directions. 
—After  1  bad  made  it,  i  was  in  the  Committee 
of  Union. 

Did  you  produce  the  two  weapons  in  the 
committee  or  the  other  room  ? — In  the  otlier 
foom. 

Who  desired  you  to  come  there  ? — A  lad 
came  to  me,  I  am' sure  I  couJd  not  rccoHect 
his  name ;  I  produced  them  in  the  other  com- 
mittee, not  the  Committee  of  Union. 

What  ^o  you  call  the  Committee  of  Union  ? 
— It  was  the  Sub-Committee*  There  was 
Watt,  Downie,  Bonthrone,  M*Ewan,  and 
another  man  I  did  not  know. 

Are  you  acquainted  with  Mr  Stoke  I — Mr. 
Stoke  was  not  there,  and  I  omitted  that  last 
night  too. 

You  speak  every  thing  that  is  true  now  ? — 
Yes ;  there  was  a  man  there,  one  Edward 
Wright,  I  saw  giving  money  to  Mr.  Downic  ; 
I  could  not  say  whether  he  was  getting  or 
giving,  but  the  one  or  the  other  was  the 
transaction ;  I  saw  money  passing. 

At  tins  Suli-Committee  you  produced  the 
two  weapons? — Yes. 

Explain  all  that  was  done?— He  said  it  was 
loo  &liort  here  [pointing  to  a  particular  part.] 

Too  short  where  ? — Too  short  in  the  curve, 
the  name  that  was  given  !o  it,  and  too  short 
on  the  other  bide,  but  of  the  same  shape. 

It  was  too  short  in  the  curve,  and  too  short 
on  the  other  sidef — The  other  man  tliat 
was  there  drew  one  longer  at  both  ends  upon 
a  paper,  and  Mr.  Walt  and  Mr  Downie  both 
aaid,  you  will  keep  that  in  your  eye,  and  make 
them  in  that  same  form. 

You  were  desired  to  make  some  more  ? — 
They  asked  mc  what  would  be  the  price. 

Who  asked  you?*-Mr.  Watt:  after  tliat, 
Mr.  Downie  said  not  a  word,  be  spoke  no 
more,  and  the  conversation  was  carried  on 
by  Watt,  it  was  not  long,  it  was  a  few  mi- 
nutes. Watt  said,  what  is  the  price  of  them  ? 
1  aald^  I  cannot  say ;  I  had  only  made  that  on 
the  stick,  and  this  part  of  it;  I  had  not  made 
any  more  of  them,  I  det^ired  lo  go  out,  which 
I  did,  and  I  went  into  the  other  room,  and 
he  told  me,  sa>s  hc^  >ou  will  make  a  few  of 
these— Mr.  Watt  said,— the  word  wjts  without 
EO^  number,— as  i  wy,— I  had  given  no 
price,  he  likewise'  la^^  lue  do  Quinbcri-*  he 


just  came  in  when  £  was  going  away  home 
and  Mr.  Downie  along  with  him.  \ 

Was   Downie  with   you,  when  Mr.  Wi 
gave  you  orders  to  make  a  few  ? — Yes,  «ay 
he,  make  a  few. 

Where  was  this  ? — ^I  was  where  I  was  seat 
for. 

Mr.  Solicitor  Genera/.— It  was  in  the  Con  _ 
mittee  of  Ways  and  Means  the  pikes  were' 
produced,  he  was  desired  to  leave  that,  and 
go  to  the  other,  and  he  was  told  by  Watt,  and 
Downie  was  witli  him,  to  make  a  few. 

Did  you  sel  about  making  Uiem  after  this? 
— Some  few  days  after. 

You  set  about  executing  your  comnussiDB, 
in  short  ? — Ye*,  a  few  days  after. 

There  was  no  number  mentioned? — ^N» 
number. 

And  no  price  fixed  f — There  was  no  price 
fixed.  ,^j 

Did  Mr.  Watt,  or  any  body  else,  come  t#flH 
you?— Mr. Wattdid  afterwards  come  to  my  shop,  ^  " 

You  accordingly  made  them  under  Mr, 
Watt's  order  ?-*-Yes- 

What  did  he  say  f-^Ue  asked  me  if  I  had 
made  them,  or  was  making  tbem^  accordmg 
to  his  order  ;  I  told  him  1  had  begun,  but 
had  done  very  little;  says  he,  what  is  the 
reason  ?  says  1,  my  servant  is  gone  away  from 
me,  and  the  other  lad  and  I  have  other  jobs 
going  on. 

How  many  did  you  make  ?— The*  order  wai 
given  this  time. 

How  many  ? — Says  he,  you  will  make  ^  or 
3  dozen  of  the  cross  pikes. 

And  did  he  order  ^ny  of  the  plain  pikes  ?— 
No,  not  at  that  time. 

Look  at  these  ? — Yes,  these  arc  the  very 
ones  I  made. 

Mr.  J/wfrw<Acr.— What  was  the  Committee 
of  Union  fSr?— The  Committee  of  UnioiF  I 
suspected  was  for  no  other  reason  than  peti- 
tioning parhament. 

Was  it  not  about  a  convention  ? — Yes. 

You  were  to  have  a  convention,  were  not 
you  ? — Yes,  it  was  always  said  there  was 
be  a  convention  ;  I  never  tliought  it  was  to 
for  any  thing,  but  to  collect  money  for 
payment  of  the  c\penses  of  the  delega^ 
that  was  all- 

Ourf .— Were  you  paid  by  any  body  ?— 
I  was  paid,  not  then :  I  suspected  Watt  to  1 
my  pay-roaster,  but  M*Ewan  came  lo  me  th 
night,  and  said,  I  was  to  be  paid  by  M 
Downie,  and  he  was  to  pay  mc  the  witole  I 
had  the  commission  for,  which  was  5  dozen 
he  brought  me  that  word. 

Did  you  ever  goto  Downie^s  in  consei 
of  that  order  ?— -No. 

You  made  those  pikes  in  consequence  of 
that  order? — ^The  only  order,  when  Downie 
was  present,  was  only  to  make  a  few. 

Cottr^.—You  say  now  to  uiiikc  two  or  tbi 
do«en.     Hobert  Orrock,  I  beg  you  will 
attention,  for  you  said  "  only  a  tew.*' 

Did  you  ever  go  to  Mr.  Downie  ?— *No 

Did  you  ever  deliver  any  to  Mr.  Watt  h*~ 
No  more  than  the  two  to  Xht  rommitlce. 


99) 


Jin-  High  Trtason. 


A.D.  1794. 


[94 


Yoo  were  a  member? — Vcs,  Mr,  VVaiUle- 
*^rod  before  I  wcul  a^ray  ;  he  said*  be  so  good 
SI  tolflsire  TQur  stick,  and  that  weapon  with 
ID0  all  bi;;ht,»-that  oight  that  Mr,  Downie 
ina  preteoL 

Did  you  Icai^e  the  slick  and  pike? — Yes,  I 
kit  llii»atidlh«  olherooe,  I  never  saw  it  after* 

DH  yuiA  ever  deliver  any  other  ?— Never 

Tktf  were  seixed  before  you  delivered  your 
order  f<-4ie  deiiredtnct  to  leave  that  with  him 
•U  ai^bl,  aad  the  stick.  I  never  saw  him 
ate. 

Wiiliam  Brown  sworn. 

Mr.  Aiutruthcr,"'Mr.  Crown,  had  you  ever 
ao  order  to  make  atiy  of  tUc^e  Ihing!}? — Yes. 

D«d  you  ever  make  any  ?— Yes, 

How  m;ir)y  did  you  nmkc?- — I  made  14  of 
eltet  Mti4,  and  one  like  this. 

Sfaov  wbich  ?  —I  m.ide  fuurteeu  of  tliat 
Jdai,  sr;^  ^*^  *'  *^  :t,  [the  single  spear  U, 
tWoil  :]^ 

Oi4  '  '-  r^*^s  ?— Yes,  I  look 

I  II  I     1      1  III  noon;  Mr.  Watt, 

I I  i.  tuii  me  he  was  sorry 
lit  Ind  >  f^iy  me ;   I  told  hirn  I 

net  y;  he  seemed  as  if  he 

bofTuw  the  tuoiiey — he  aaid  Mr.  Dew- 
i  wouJd  pay  me ;  he  gave  me  a  line  to  Mr» 
Nrutc  lu  pay  nic. 
Buw  much  ? — Twenl^two  shillings  and  six> 
thai  was  the  price  of  14  of  thcsei  and 


LWbatwas  tbe  plain  long  ones  ?— Fifteen 


'Ivc  sluliings. 

it:  line? — ^Fhc  line 
^y  ute  2 'if,  6d.  and  I 


riiilwa^  :'      *' 
r.  C^rrA 

^Jbr  Mr.  i^>urtu.r. 
I  to  aroixml  for  it 

there  no  other  order?— No  order 
titwaa  lor* 
1  jfiou  any  conversation  about  it  with  Mr. 
tlofniie?**!  am  not  certain  but  lidr.  Downie 
■igiilhtve  a&kcd  me  how  Mr.  Watt  was,  but 
Ibm  «aa  oo  altercation  between  Mr.  Downie 
ad  ac.  I  got  the  money  upon  Mr.  Waifs 
hmt, 

tou  did  not  say  tf^  Downie  what  it  was 
fcil— Iftib  ii«i>»^  :  iiie. 

Citi^  v^tion. 

Mf.  Cier lb-*Did  Downtct  ask  you  what  tbe 

for?  -No,  he  did  not. 
Mr'  dmtiruihrr.^y  OUT  evidence  is  this — 
Ave  you  an  order  upon  Downie,  and 
lit  |iftKl  y  Oil  t^iG  money ;  is  not  that  tt  i 
—Til, 
Diwmie  paid  yeu  the  money  P—Yc^. 

Wit  Ham  H(atiim  sworn. 

Mr.  ^ajlrwirr.— Do  you  know  tliai  Reo- 
Utmaii  tliat  it  utiting  there  between  those 
^pa  tol<iier>  f — Y  r^,  * i > 

\n*M  ts  tl»lg' !  .  Downie. 

yoii  ever  il  the  Fcuci- 

9^r— Y0%  w* 


■>«atli 


Did  yon  ev(?r  sec  tlmt  gentleman  at  Mr, 
Ritchie's  shop  door? — Yes,  as  I  was  going 
by, 

Where   is  Ritchie's  shop. — In  the  La^ 
Market.    I  heard  of  the  paper,  and  I  wai 
anxious  to  see  it. 

What  uaper  ?— That  paper,  an  address  to 
the  Fenciules, 

Is  that  ihp  r^^'^^r  you  were  inquiring  after  I 
—-Yes,  at  tlie  one  I   saw :  I  asked 

him  if  he  r        .  —  -  ^ly  my  curiosity  to  see 

Eaper  of  the  kind  i  had  heard  of;  and  he  ss , 
e  could  not,  but  if  I  would  follow  him  dowa 
the  street,  he  would  get  me  one ;  and 
carried  me  to  Mr.  Watfs;  we  went  down, 
there,  but  we  did  not  i^et  it  there;  then  w» 
went  to  Mr.  Kennedy,  and  the  name  ofj 
Montgomery  was  upon  tbe  door  at  the  Southri 
Bridge, 

What  passed  there  I — Mr,  Downie  weni 
into  the  tack  shop  of  Mr*  Kennedy,  and 
little  time  after  that  1   followed,  and   Mr, 
Kennedy  gave  them  me. 

Gave  you  what?— These  papers. 

Was  Downie  there  when  he  gave  Ihem 
you  ? — Yes. 

Tell  us  how  he  gave  them  you?— -Mi\j* 
Downie,  after  he  gave  them  me,  took  thena'. 
out  of  my  hand,  and  threw  them  down  upoa 
the  floor,  for  fear  any  evil  might  accrue 
Mr.  Kennedy, 

What  more  ? — He  bid  me  take  them  up. 

Did  he  say  any  thing  else  to  you? — N< 
onlv  to  say  I  found  them. 

Was  there  one  or  two  of  these  papers ?- 
No,  there  was  a  good  u umber  of  ihem. 

Was  there  a  good  number  of  ihcin  ? — ^There* 
was  upwards  of  twenty  of  them;  I  did  nol 
number  thetn* 

For  fear  any  harm  should  accrue  to  Mr, 
Kennedy,  what  did  you  do  with  them  ? — I 
gave  them  to  several  of  my  acquaintances, 

Where?— In  Dalkeith. 

Were  the  liopctouu  Fenciblcs  there  at  thai 
time?— They  were  there  about  that  timeafj 
whether  a  short  time  or  not  before,  I  could 
not  tell. 

There  had  been  some  marched  through 
before,  had  not  there  ? — I  cannot  tell. 

It  was  just  about  tlic  time  they  were  lliere  ? 
— ^Ycs. 

Were  they  expected  at  Dalkeith  at  thai 
time  ? — They  were  there  about  that  time. 

Do  you  know  a  man  of  the  name  of  Jolui- 
ston   ? — Yes. 

Did  you  give  him  any  ? — I  gave  him  one. 

Whom  else  did  you  give  one  to? — I  gai 
one  to  Eliiot 

Wliat  did  you  say  to  liim  ? — I  do  not 
ber  saying;  any  thing  more ;    we   had  soi 
conversation  about  the  curiosity  of  it. 

llow    came  there  to  be  such  a  curiosity 
about  it  ?  are  you  a  Friend  of  the  People?- 
Yes,  I  was  a  Friend  of  the  People. 

I  believe  you  were  secretary  to  one  of  thciri 
societies?— Yes*  I  wis  secretftry  to  Uie 
cicty  at  Dalkeitli. 


95] 


34  GEORGE  10. 


Triai  of  David  Dcmne 


[06 


Did  you  see  Downic  before?— Yet,  I  saw 
him  in  the  CoovtMitioii  ^oiae  lime. 

Did  yotrr  acqiiaiutance  tommence  in  ike 
Cooveniion  ? — \  e». 

Tliat  wtnild  be  n  society  of  Friends  of  the 
People?— Yes. 

IIow  CJinie  yotJ  to  think  Uiat  Mr.  D(»wnie 
VfBS  likely  to  sail  sty  your  curiosity?— I 
thoiighl  |M       '  '     '  r'  *  '    ^^  *1  i'ln. 

Does  1 1  a  possibly, 

being  an  a- ijojiiiijLit.t;,  i»t.  iMi^^i  i^'t  me  liave 
Ibem. 

Did  you  ask  Mr*  liilchic  about  Ihcm?— Pcr- 
,  ba^s  I  might. 

But  do  you  remcniber  yoa  asked  Dowoio  f 
-^Yes. 

Did  you  ask  Ritchie  f — I  might  have  asked 
'  him. 

Did  you  ask  him  ? — I  might  have  asked 
him,  lial  I  do  not  particularly  remember. 

Whom  did  you  give  it  to'be«de  Elliot  f — 
I  gave  otic  to  a  laiL 

And  oDG  to  Johnstone  f^-^Yei, 

What  did  yon  do  with  the  rest? — There 
were  some  others  got  them. 

What  did  you  do  with  the  reslN'-Aftcr 
^  peopk  said  they  would  be  hurtful^  I  destroyed 
tbe  rest* 

You  were  told  Ihey  would  be  hurtfid  befort 

Bownie   SAid  thev  wonld  be  hurtJUl— comr, 

'  remember  yourself^  who  told  you  Uiey  would 

he  hurtful? — I  do  not  rf member;    1  heard 

(  several  people  speak  ab*iut  them — they  said, 

fthe  people  would  say^  if  the  fencibles  saw 

them,  there  would  he  some  disturbance. 

Do  you  know  a  man  of  the  name  of  Wright  ? 
-Nix 

Did  ht  hrnis?  any  to  fmi  ^-Na. 

And  y<ui  ne  to  him? — ^No. 

Who  i^  I '  ?-^llc  is  a  miliar. 

Wliere  ooc^  inj  hve^ — lie  iive»  nigh  Dal- 
keith, 

A  mile  or  two  from  ilF— A  very  short  way. 

Is  it  a§  far  as  it  is  from  the  New  Bridge?— 
\  1  ciumot  pusi^ly  say. 

Is  it  oa  fii9  as  Ihi  Cro9»f-^II  if  just  across 
^  the  river. 

la  it  half  a  mik?— Soircely. 

WUlttun  Johmtone  sworn. 

Do  you  know  a  person  of  the  name  of  Wkt> 
m  ? — ^Ves,  he  is  a  young  man  of  Dalkdth, 
'  flon  to  Robert  WaliiMi^ 

Have  you  seen  him  just  now  ? — I  ha\*c  sei'ii 
'him  come  out  of  yon*  hous^eiust  now. 
Did  VOQ  gft  *  iKtper  from  him  f — Ye*, 
lil  Rie  paptr  like  that?- -Ye^  I  think  it 
was. 
What  did  he  say  to  you  when  ho  ^Ye  it  io 
t3Wuf^*-To  I  he  ^  *-»  ''t^  my  remembrance  he 
[Mid  I  might  ti  at  it 

Did  juu  bok  1  (hd. 

WbAt  did  you  do  with  il  ^*-I  gav«  il  to 
James  Sandilandt. 
Was  tliero  any  penioo 
«irbcthcr  thcra  w.ii   ^ 
%-^  wai  in  the  publu;  »U«^'t;   tlwre 


might  be  persons  in  the  street,  and  yet  none 
ill  company. 

Waa  any  man  in  a  red  dress  and  philibeg;af 
—No. 

I  bt-lreve  I^rd  Ilo|ielouQ*s  h  not  ahtghlaiid 
dres^F  —No,  J  believe  ii  i«i  not. 

Were  the ]•  tbrre  lit  that  time? 

-*-I  do  not  t '  ere  sijldicrs  in  the 

slreel,  periiyi»^  lutu  im>^i»i  lie  soldiers  within 
a  iftw  yards. 

Was  there  any  as  near  as  that  gentleman 
to  me  with  the  bpcctaden? — I  cannot  say  as 
to  the  distance. 

Was  it  therr^abouts ? — I  cannot  positively 
ascertaui  Uit*  distance. 

Was  it  iOO  yards  ?-^Oh !  certainly  it  might 
be  within  loss. 

Was  it  less?*— I  cannot  ascertain  the  dis* 
tance. 

W^ hereabouts  was  il?— I  can  give  you  no 
regular  account* 

It  was  no  great  distance,  was  it? — No  very 
great. 

What  did  you  say  to  Sandilands?*^!  said  he 
miglit  take  a  look  at  it. 

No  more  ? — I  cannot  remember. 

Now  do  recollect  yourself  ?— I  have  thought 
of  It  again  and  n^in. 

Art  you  sure  you  said  no  more  to  him  ?— 
It  might  escape  my  memory,  because  I  did 
not  charge  my  meuiory  with  it. 

What  did  Wats^jn  yiy  when  you  took  tlic 
paper  ? — I  do  not  recollect. 

What  were  you  to  lake  a  look  for  ?— *Il  wis 
not  mentioned. 

Are  you  a  member  of  the  Friends  of  Xht 
People  ?-^No,  I  never  was. 

Do  you  know  whether Sondilands can  read! 
—I  suppose  he  can. 

Do  you  know  he  can  ?•*-!  odinot  ascertain 
a^  to  th;it. 

fsandiliiuds  was  brought  into  eonrt3— If 
that  iho  man  you  gave  it  to  ? — Ye?>  sir. 

Jamfs  &indilandt  sworn. 

Do  you  know  that  man  that  is  just  gone 
out?--- Yea. 
Did  he  over  give  you  a  printed  paper?— 

Did  you  read  it  ?— No>  I  never  did, 

Whom  did  you  give  it  to  ?  — Serjeant 
lUrdy. 

W'hat  is  your  name  ?•• -James  Sandilands. 

W  h;il  arc  you  ?— A  miner. 

W  hat  is  Uanly  ? — He  is  ui  lord  Bopctoun^s 
feneibles. 

What  distance  was  Johnston  when  you 
saw  bim?*— About  '' f   •■  »tncc. 

What   did  Jol  ?— lie  said  he 

»b?lt 
Ud 

Ins 


M    l..,L 


thought  ^erjcaul  u 

paper.     1  took  it  out  ol  Ui^ 
I  had  no  tl^^uLl  ht'  would  : 

hP 

^'  ■  .  ■'.-    '  ■'■  .  ■        ''   «^^« 

scrjeaui^— Just  alioiit  ttt«$  dufttiukce  of  you 
and  (. 

And  JohoabOQ  was  just  by  you  f**YeS|  John- 


m 


^r  High  Treason. 


ftmi  WMs  just  ty  my  back  when  he  gave 
It  inc. 

Scrjoant  Harthf  cdled. 

fo  Bardy>}    Do  yuu  know  ttiat  pcrsOD, 

To  $«liiSUmt>ds,]   Is  that  the  man  yoti  gave 

rndEf.— Yei9. 
BcQeaot  Hardtf  sworn. 
^l|r*ilWr»«^<T;— WKjil  -—    Mr.  Har- 
dy ? -  —A  ferjean  i  iu  lord  U  <  nc  i  I j Ics . 

Whemm-^^  ^-^'^^T  iii'Uiur  ...^  ihrough 

Dul  voti    .  ,     .     — Yes* 

i.A'  '.        -JVC  yuu  llint  p»per?— No^  tills  is 
i^^r  [nQOthcr  shown  him.]*— This  m 

iknds  give  it  you  ? — Yes. 
311  jpiMi  see  whom  Sundilaads  got  it  rrorti  ? 

^haX  md  Sondilands? — He  asked  me  to 
pkit  tt;  I  '  '  '  '      '     !  '      !  where  he 

lit;  Ue*5  name; 

liftid  tbert:  wTTtr.   iiii,  .i[i->  fji  .«,t-t]jaou!»  peo* 
I  l>tlkeitl)^  but  he  never  went  near  any 

re  you  going  to  at  that  time? — 
^c    _,_  _u  our  march  to  l.tif'Und. 
lottrmimeot  had  i,  and  agreed 

„  I  Uf  Eagliiiid  «t  1 :  --Three  hun- 

mi  q(  them. 

Bartholonmw  OConno%  s^vo^n. 
Xtrrf  Advocate.— What  regiment  are  you 
I— The  Till  rei^irneDl  of  feacibles. 
fbo  cociniands  them? — ^^ILic  eurl  of  Hope- 

^crtjTOu  In  tha  village  ofDalkeitli  lately  ? 
Mfei. 
LWas  tha  regiment  there  ?— Yes^  part  of  the 

f h^i  time  ?— I  do  not  remember  wliat  day. 

^xk  "it  t^^.^  or  tltn  e  moiilhs  ago? — 'Yes, 

vou  9iny  printed  papers 
li  a  tnin  rinic  ui»  und 

M,  i-  '  atd?  He 

tiift,  i'  vibc  you 

B0t  lb  ^y  (^t  you  vi^'ili  be  ^ii  &old  to  go 


Did 

nadf 

rto 
do 

tut' re    »>   ij  |>rjuVed 

Kl^   ri.ir..'-. 

are. 
.ij-Li? — No,  my  lord,  I 
it  ihu  foot  of  jl  there 

^— He  put  it  into 

,1  in  nr»  ha.iJ, 

lut 
.  of 

HP«ft^|||Uiini, 

Mid  ' 

|.     ..... 

M    U 

«..  .^ii<LM  >;. 

^*.nvu.    uTc  you  of?-^Tlic 


4 


A.  D.  1794^ 

Is  that  lord  Hopetoun's?— Yes. 

Where  are  you  at  present  ?— Al  Liverpo- 

Do  they  know  the  village  of  Dalkeith  I 
Yes. 

Were  you  there  on  your  march  to  En^. 
land? — Yes  on  going  to  England  in  May  lasl 

Had  you  any  conversation  in  tliat  pluce  re^ 
lative  to  your  march  to  Engliind? — ifcs,  sir, 
— one  day  as  I  was  walkuig,  a  gentleman 
came  up  to  me,  and  offered  mc  a  paptr* 

VVas  U  printed  ?— Yes. 

Did  you  read  that  paper? — Yes,  two 
tiirce  read  it. 

Did  any  body  else  read  il?— Yes,  John 
G eddies  did  ;  I  took  no  thoughts  about  it  at 
that  time ;  it  was  signed  Dundee. 

Was  it  advising  you  to  go  to  England, 
or  dis&uadiDg  you  Irom  ^oinj^  to  England  ? — 
It  told  us  we  were  all  sold  if  we  went  to  Eng- 
land«  if  we  staid  at  home  we  should  get  thou- 
sands to  help  us. 

Can  you  read  ? — No,  sir,  I  cannot. 

Who  read  it  to  you?— Another  chap  read 
it  to  mc. 

Is  he  here? — No,  he  is  at  Whitehaven. 

John  Giddies  ^worn. 

Lord  AdvoeaU. — What  regiment  are  y( 
in  ? — lord  Hopeloun's. 

Do  you  know  the  town  of  Dalkeith  ? — YesT 

Where  is  ^our  regiment  quartered  at  pre* 
sent? — In  Liverpool. 

Were  you  in  the  town  of  Dalkeith  with 
your  regiment  when  il  marched  to  England  ? 
— Yes, 

When  was  that  ?— [No  answer.]  ^j 

Do  vou  know  Archibald  M'Fadzean  ^—Yc^^H 

Had  you  any  conversation  with  anybody  i^^fl 
Dalkeith  about  your  regiment  going  to  Eng- 
land ?     Did  any  body  ever  show  yuu  a  paper 
about  it  ? — No. 

Did  any  man  show  you  a  paper  ? — I  eaw  a 
man  in  Uie  street  witll  them. 

What  did  the  man  in  the  street  do  with 
them? — I  saw  him  giving  them  out  to  the 
soldiers. 

What  did  it  mean? — I  went  into  Archibald 
M*Fadzean*s  quarters^  and  I  found  him  read- 
inz  it. 

Was  he  readinj^  it  ?— Yes,  and  some  more*] 

Who  more? — Some  of  our  own  men 

Do  you  remember  the  purport  of  il  r* — Yes, 
it  was  advising^  us  not  to  i^o  to  England,  and 
if  we  stood  bauc,  we  should  get  thousands  to 
assist  us. 

Do^ou  remember  any  particular  expres- 
sions m  it? — I  remember  a  paragraph  at  the 
latter  end. 

What  was  it?—'*  Stay  at  home,  O !_  Dear 
Brothers,  be  advised  unci  slay  at  Sv»«»"^  ' 

Lord  Advocate. —  lljis  \h  ihc   »•!  t 

per  Hardy  swears  lie  received   ir  * 

IandS|  which  is  now  to  be  read. — It  is  date' 

^'      '-    April  12,179* 
<*  Friends  and 
"  It  ib  with  tije  }ii.  inTsi  I'leasure  that  J 
country  incn  are  infonned,  Ua\  'svidv  \%  s 
U 


S4  GEORGE  IIL 

rattaclimeiil  and  love  to  ihcm,  and  your  native 

rCouriiry,  thai  you  niantully  and  firmly  resolve 

[sot  to  leave  it  upon  any  terms,  contrary  to 

[those  upon  which  yon  were  at  first  engaged. 

I  Your  countrymcn'love  yon,  and  our  hearts 

7%onld  be  as  Innch  wounded  to  part  with  yotj, 

as  yours  wouhl  be  to  be  separated  from  them. 

They  well  know  that  they  are  safe  under  the 

protection  of  tlieir  fiilhers,  their  sons,  their 

brolhera  in  arms,  and  they  neither  wish  nor 

|lesire  any  other  defenders.    They  hope  and 

ehc\*e,  that  your  hearts  are  filled  with  the 

Ifame  sentiments. 

r    •'  1  he  great  mass  of  the  people,  from  among 

J  whom  you  have  been  enlisted,  have  been  re* 

preticnted  to  you  a^s  your  enemies :  believe 

Dol  the  assertion.    They  have  been  taught  to 

consider  you  as  foes :    but  they  do  not  fear 

Indin^  friends  among  their  brethren. 

'  Their  cause  and  yours  is  the  same.  They 
ire  poor,  but  ihey  have  honest  hearts — hearts 
irhich  sympathize  in  your  cause ;  they  look 
br  the  same  friendship  and  the  same  sym- 

alhyinyoii. 

***They  rejoice  to  hear,  that  yon  are  "becom- 
!ng  daily  more  coaviuced  of  the  great  trulli — 
that  the  hiw  ought  to  be  the  same  to  the 
HiRhlander  and  to  I  he  Lowlander,  to  the  rich 
and  to  the  poor,  and  that  no  man  can  be  com- 
pclfcd  to  take  up  arms  by  any  authority  what- 
soever, unless  his  own  inclinations  prompt 
him  to  do  so, 

**  This  truth  has  been  hitherto  carefully  con- 
cealed from  you,  but  it  is  not  the  less  certain. 
The  vtill  of  your  laird  cannot,  without  your 
own  consent  separate  you  from  your  families 
and  fi"icnds,  although  many  of  you  may  have 
experienced  the  exertions  of  such  a  power, 
however  unjvist,  and  however  contrary  to  law. 

'*  We  respect,  and  admire  the  principle 
which  induces  you  (though  necessity  has  com- 
pelled yoir  to  lake  up  arms)  still  to  persist  in 
renminln^  to  defend  your  friends  at  home, 
and  not  quit  a  country  which  holds  pletlges 
so  dear; 

'*  When  jou  are  gone. — Where  is  their  dc* 
fence?  ihe^'  maybe  eitncr  left  without  pro* 
tectron,  or  may  soon  see  their  country  over- 
run liy  forpi'ii'  tionp^,  jiuch  as,  in  time  past, 
have  alreiji'  blood  of  your  ancestors 

without  pr  ,  and  without  remorse, 

and  who  would  feci,  perhaps,  as  littic  com* 
punction  in  shcrlding  theirs. 

•^  Prepared  for  every  deed  of  horror,  these 
Itircign  mcfccuHrics  may  violate  Uic  chastity 
of  your  wives, ynur  sisters,  and  your  daughters ; 
and,  whan  dtrsirr  is  satiated,  cruelty  may  re» 
•^  '         '  Ah  experience 

1  n,  an  J  friends^ 

I  m^y  be  im*olved 


Trial  of  David  D(mnie 


[100 


tality,  were  pierced  with  the  daggers  of  their 
treacherous  guests,  and  the  feast  prepared  bj 
the  hand  of  unsuspecting  friendship,  was  closed 
with  a  scene  of  blood !  Such  is  the  return  for 
kindness  and  hosnilahty !  Such  the  prottM> 
tinn  your  famihcs have  lo  expect!!! 

**  How  will  ihey  then  look  around  in  vaift 
for  jour  protecting  care,  when,  perhaps  you 
arc  hghting  at  a  distance  in  a  foreign  land — 

but  tiiey  hope  you  will  not  forsake  them 

Slay,  Oh  I  stay,  and  defend  your  families, 
ana  your  friends ! 

"  For  that  purpose  alone  you  were  en- 
listed. They  ure  !cady  lo  come  forward  for 
you  in  the  vindication  of  your  rights. 

**  Thousands  join  in  the  same  sentiments 
with  you,  and  ardently  w^ish  for  your  con* 
tin uancc  Among  them.  The  circumstance* 
which  might  require  you  to  quit  your  country 
have  not  yet  taken  place.  No  mvasion  lias 
yet  happened — You  cannot  be  compelled  to 


go — leave  not  your  country, — assert  your  in- 
dependence ; — your  countrymen  will  look  up 
to  you  as  their  protectors,  and  guardians,  and 


hearbi  tlirobbmg  wilii  kindness  %od  hospi- 
*  See  Val  i$fj^.  d79  of  thu  Collecuoa*         i 


ipendence ; — your  countrymen  will  look  up 
,  you  as  their  protectors,  and  guardians,  and 
will,  in  their  turn,  lift  up  their  arras  to  piolcct 
and  assist  yon.'^ 

John  Fairlei/  sworn. 

Lord  Adtotatt. — Where  did  you  commonly 
reside  f — In  Broughton. 

Do  you  know  a  man  of  the  name  of  George; 
Ross? — Ye*,  1  have  a  little  acquaintance  of 
him. 

Where  did  he  live  last  spring,  before  you 
were  taken  into  custody? — ^In  the  Cowgatc,  I 
believe. 

Near  the  South  Bridec  ?— Yes. 

Did  his  house  enter  irom  the  South  Bridge? 
—Yes.  it  enters  both  from  the  Cowgatc  aad 
South  Bridge. 

Do  you  know  of  any  committee  being  held 
in  that  man's  house  last  sprinc  ? — There  was 
a  committee  of  collectors  which  met  there. 

Were  you  a  nicmbcr  of  the  British  Conven- 
tion ?— Yes. 

Of  course  of  the  Society  of  Friends  of  the 
People?^  Yes. 

EHd  your  society  send  any  delegates  to  tlie 
Committee  of  Collectors? — Yes. 

So  you  were  a  collector  ? — Yes. 

Do  you  know  of  any  other  Committee  of 
Collectors? — ^The  Broughton  Society  ap- 
pomted  some  members  to  a  Commillee  of 
Union,  which  met  there. 

Were  you  a  member  of  that  Coramhtce  of 
Union  ?— No,  I  was  not. 

Do  you  know  of  any  other  committee  that 
met  then  '       '     '    '  "     ^  -There  was 

another  that  com- 

mittee, biM    i     .v,.^  **..,   ..   (..r...iM  ,   ofjl. 

Were  you  ever  with  that  last-mentioned 
committee,  m  company  with  thcra  ? — Yes. 
^V  ho  were  the  persons  jou  saw  ia  thai 

ri  rrmiUiri .  .iiul  uliuui  vou  understovKl  to  be 
%etin  Mr 
i  I!,  and  Mr,  j 

U  \iu  Id  he  ^—1  Uhovc  be  is  s  jeweller. 


Ji^r  High  Treason. 

htm  again  if  you  saw 
[X  I  would. 

1»  iiul   imu  behind  you  there? — Yes,  I 
\imk  it  9%, 

ly  else  in  that  coxnmUtee? 
ke  there, 
.My*r,  w  nji  js  he  ? — I  do  nol  know 
It  br  wss;  he  was  a  student,  1  believe. 
Wrrc  you  ever  employed  by  that  commit- 
*ofi  anjr  ocdAion  ?— 1  was  twice  or  thrice. 
|jilL.t  .r.  .iV.N'h  ilu^  ^MlJcclars  were?— In 
ihtef^i  ,  it  W48  moved,  1  do 

nrA  r-  ,  Umt  fcubbciiplign 

i 

,  ^     >  should  be  gotten  ? 

y  wAuted   tnc  io  get   thche 

-m  and  told  the  committee, 

i  I  £oi  the  piiP^rs,  and  went  on  one  nisht, 

I  to£j  them  I  had  got  it ;  I  was  on  another 

I  Iherei  and  toldthcm  wc  had  chosen  a 


A.  D.  1794.* 


[10« 


Wh 


CUUlIDillLf  ! 


ci?—  It  was  myself. 

imucc  of  Union,  or  the 
-It  was  the  other  com- 


Bid  )*ou  ever  hear  any  other  name  given  to 
tislSttboofnnihtee,  tlun  wlmx  you  have  just 
AMT  utM%cd} — ^Thcy  c!iU  them  a  Sub-com- 
■iUatt    iud   a    Committee   of    Ways   and 

Ibe  Committee  of  Ways  and  Cleans 

mptoy  you  in    niv  olhcr  business?-*- 

fhfj  nef tT  in  any  other  busi- 

feaa;  I  do  ti  :•  other  buiiioess. 

Mr,  AtulruiJttr.— ii  wimiy Oil  said  the  other 
A*y  hf  frtjf?,  you  will  leM  it  over  attain  tollicse 
f  ,  r  ..  [  1^215  g<,  Wciil  country 

t^  k4  1  h*d  t  I  country,  and 

i  iscAiTi  %uniQper  r  Lcanie  from 

AiHh^  they  biid  :  *  wstounness ; 

tffipiMl  5%  uj  L'i^truvvbtounness;  he 

U0imiktd  M  V'"*  ^^'^iddt^vke  a  Jetlcr;  who 
■ai  ibai  ficnon^—  Mr.  Bonthronc;  the  next 

4»  Ir^iiftl  *in   Mr     \\  Alt      ;in<l  tul/l     him  (hat 

n:; 

at  the  Lucli* 

t!  Ill),  ;uid  he 

i«k0l  ci»(«  fl  i   J  '  baidl 

owld  pet  It  af   M  ater*  at 

tilt  Lti#  ..  kilLt  trQm  Mr. 

fiooctu  b  \V  att  ^;ivc  me  a 

IrtlCT  ■  •     .>t  from  Mr. 

Cfoviti  i  with  me. 

W«.s  •        !   KM. 

i    ;  '— *i  »•>  i*"i   III!  I 

-  -Lic  were  «imf  let- 
Ik  cif  aad  tho  iualnictions  of 

-If. 

>  «yillt  it}— 

1M  >c*u  iM  W  ^iaiin^  aud  1  alkirk  ^— Yes. 


What  were  the  instructions? — He  desired 
me  to  go  to  Mr,  Downie,  and  send  money  to 
them,  and  the  iu«iU  iictions  were,  to  concspond 
with  Mr*  Downie,  ai*d  also  to  inquire  the 
number  of  patriots  in  each  place,  and  to  send 
money  to  Duwnie. 

Was  any  thing  else  in  the  instructions  ?--) 
There  was  something  about  u  plan,  but  I  do 
not  recollect  tlie  exact  words. 

Kecollect  yourself,  what  was  it? — Apian 
about  sometlung. 

Vou  talk  about  papers  and  regulations  for 
the  society,  and  circuhr  letters,  were  they 
prmlcd  or  written  ? — Printed. 

Was  the  commbsion  printed  ?— No,  it  wai 
in  writing. 
W^re  ujere  seals  to  if? — No. 
You  said  there  was  something  about  a  pkn; 
had  you  any  conversation  with  Walt,  or  Dow- 
nie, or  Stoke  about  a  plan  ?-^I  never  had  any 
conversation  with  Downie  or  Stoke,  but  W' alt 
spoke  to  me. 

What  was  it? — Something  about  imprison- 
ing the  magistrates,  and  seizing  the  Dank 
and  public  olllces. 

And  what  else? — And  those  most  active 
against  the  people,  or  soraetliin^  of  that  sort. 
What  was  to  liappen  to  Uiem? — ^They  were 
to  be  imprisoned. 

W^s  there  any  thing  else  in  ii? — They 
spoke  something  about  sending  couriers  to 
iLc  coimtry,  to  tell  what  was  done. 

What  was  dene?— Why  about  seizing  them 
things, 

Those  persons  you  mean  ? — Both  pcrsoi 
and  things. 

Was  there  any  thin?  about  that  plan  in  t\ 
paper  of  instructions)— It  did  nut  say  whal 
plan. 

What  did  you  understand  by  Uiat  word  irfj 
the  paper.    What  plan  did  you  think  it 
upon  your  oath  ?— It  miglit  be  that — I  canQ< 
say. 
You  went  to  the  Queen's  Ferry? — ^Yes. 
Where  next? — To  Stirling. 
Did  you  show  the  committec*s  histruclioiif 
to  any  body  at  the  t^uecn's  Ferr)-  ? — Yes. 

Where  did  that  Incnd  live  that  you  were' 

coiuK  to  see? — It  waa  a  sister  of  mine  w 

rivcifin  service  al  Alrth^  on  the  other  side^i 

the  water. 

Did  yuu  go  to  Stirling  ? — Yes. 

Were  yuu  acipiaintcd  with   any  body  i 

Stirling?— I  culled  upon  Dr.  Forrest;  I  hear 

of  him,  but  t  bad  no  acquaintance  with  him|, 

1  i4»m  whom  ditl  you  hear  of  him  ? — I  have 

heard  of  him  thftcrcnt  times  at  Kdmburgh, 

bcin*;  a  FrJcml  of  the  IVuple  *tt  Stirhng. 

Did  you  go  to  Airtli  ? — Ves.  ^ 

Were  you  at  Dorrowsiouuness  ?— I  did  go^ 

to  Burrow fttoiinnc^s  a^  I  came  back  -.  I  wcnl 

lo  see  the  place ;  1  did  not  leave  any  tiling 

there. 

Did  you  go  to  fee  any  body  there  ?— I  baa, 
no  letters  f<ir  Horrowstounne^s,  1  had  no  dirc&| 
lions  to  open  it  there. 
Yuu  never  saw  doctor  Forrest  before  Uiatj 


you  heard  of  him  as  a  friend  of  freedom ; — 
Ye^. 

From  whom  dkl  you  ever  hear  it  ?— I  can- 
not say* 

Did  you  ever  hear  [of  him  in  the  Com- 
mittee of  Ways  and  Means  f— No,  I  cannot 
say. 

Did  yoii  see  doctor  Forrest  ?^ — Yes,  I  did. 

And  vifhii  passed  between  you  and  the 
doctor.  Now,  sir,  you  said,  thai  you  would 
tell  him  the  news  of  Edinburgh,  and  he 
would  icll  you  the  news  of  SUrliiijj? — Yes, 

Now  what  was  the  news  of  Edmburgh  I — 
I  do  not  recollect,  but  I  showed  him  the 
paper  of  reflations,  and  the  circular  letter  I 
brought  with  me,  and  the  paper  of  instruc- 
tions of  the  commiUee* 

Now,  did  you  ask  the  doctor  to  introduce 
you  to  any  more  of  the  friends  of  freedom 
there?—!  believe  I  did,— there  were  two  or 
tbrec  came  to  his  house 

Do  you  remember  the  names  of  them  ? — 
1  Itiink  there  wasi  a  man  of  the  name  of 
Thompson. 

Was  there  any  particular  conversation 
passed  between  you  and  these  friends  of 
doctor  Forrest,- *tell  I  he  jury  what  the  subject 
of  your  conversation  was? — I  cannot  tell 
what  the  subject  was;  I  had  a  copy;  I  Would 
tdl  them  tlxat  they  were  about  to  make  pikes 
in  Edinburgh,  or  something  of  thai  kind. 

You  rather  think  yon  did  that  ? — Yes,  I 
think  I  did. 

t  Wliat  did  those  gentlemen  say  to  you  when 
they  heard  about  makin-j  pikes  at  Edinburgh? 
*-f  hey  told  cr,e  that  the  society  at  Slirfing 
was  not  so  numerous  as  it  once  was;  but 
what  they  said  when  I  told  them  about  the 
ptkcs  I  do  not  rccoUcct» 

Did  they  fiay  any  thing  else  about  the  stale 
of  the  friends  at  Stii-lmg?— I  rather  think 
they  ?aid  ihry  were  willing  to  contribute 
money,  but  th(  .        ' '       i  do  any  thing  else. 

What  ebcdl  rslaiid  by  this  an- 

swer r^^I  remciin^Li  iiig  that; 

I  understood  that  Ih  were  not 

numerous,  there  were  ....ix^.  ii  Lutin  there* 

Is  thai  what  you  understood  by  the  word 
pise?— Yes,  they  said  we  could  expect  no 
thcr  supnort  but  money. 

Were  they  happy  when  thrv  tK-ard  pikes 
were  preparing,  or  were  '  ? — They 

did  not  !<ay  whether  they  nv  ,  or  sorry. 

Did  iliey  approve  or  di^pprove  ?— No, 
Ihcv  did  not. 

*:fhey  iuid  nothing  nhcrnt  it? — ^Not  that  I 
broiler  t, 

''■  '  '■■  '  .  '  .  "—''-;  -Trcst 
In  you 

M'  ir,  liirfc^l  ?-• '► 

ll 

...i.--Wii5  it  like 

--.  .  ,--  those  before ^--I  bad 
'  wca  any  before;  1  had  beard  iKcin 
Wit 

tkaoibed  it  u>  you  ?*«I  hive  heard 


Trial  qf  David  /)otem>  [1 04 

them  describe  it.  T  recoUecl  I  had  drawn  a 
dmu^hi  of  some  before  this ;  and  gave  it  to 
Wan. 

Where  was  this?  at  Edinburgh,  or  Brought 
lon?^I  cannot  say  where  I  drew  the  dntught, 
but  I  ^ave  it  to  Mr.  Watt;  1  sketched  one  oo 
a  slate,  because  Mr.  Watt  desired  me;  then 
he  said  I  would  do  it  upon  a  bit  of  paper,  and 
i  did  do  it. 

Would  you  knew  that  paner  again  if  you 
saw  it ;  took  at  that  ? — I  thinlt  that  is  it. 

Who  was  It  who  described  it  to  you?^ — I  had 
seen  them  of  that  4ort  before. 

Where?— I  think  the  Serjeant's  hjJberts 
are  something  hke  that 

Did  Watt  tell  you  for  what  purpose  he 
wanted  those  things? — We  said  the  piket 
were  intended  for  self- defence. 

You  drew  this  to  doctor  Forrest  at  StiriiDg  i 
—Yes. 

You  do  not  recollect  whether  he  was  glad 
or  soiTy,  or  approiTd  or  disapproved  f — No, 

Where  did  you  go  the  next  day  ?— To  St. 
Nlnians. 

Were  you  acquainted  with  any  body  there f 
—No. 

Whom  did  you  sec  there ?*—Mr.  M*Cross, 
and  Mr.  Brown. 

What  is  M'Cro^a?— A  mthisler  of  relief. 

What  is  Brown? — A  writer. 

Did  yon  know  tho^e  betbre  ? — Ko. 

How' can \e  ^^'^  ^^^^H  ni»tm  them?  Did 
YOU  ?<how  the  11  Hvm,  or  did  you 

ieave  them  iht.  ^ .    .     -  ,  -,    r-  ?— Yc^. 

Did  you  tr-ll  uicm  any  thin|  about  ihc 
pikes  ?**.No,  I  do  not  think  !  dtd. 

Where  did  you  go  then  *—  '  'u 

Whom  did  you  see  there?—  lerson- 

and  Mr.  Yule ;  Anderson  is  a  mim^ler,  and 
Mr.  Yrde  is  a  minister- 

V.  'oiifeelhcm? — I  to*  •     '         ti> 

Mr  ,and  he  took  them  i 

Diu  you  li  ivcihc  printed  papers  wuj)  uicm  ? 
—Yes 

W here  next ? — ^To  Camp*?ie.   Mr.  Yule 
with  mc— 1  do  not  know  to  whom. 


Did  you  lea%'e  p^* 

Did  you  show  i 

recollect.     I  went  t 

son  went  with  mc  i 

Did  yoti  show  hn 


pike?— r  do  not 
iflr^rh;  Thomp- 

^•^-Ye«, 


Where  then  ? — ^Then  1  went  to  *  ilj^^o 

Where  did  you  call  there?— <Jti  .Mr.  Su 
cJair,  a  reed-tnaker. 

Wjis  Sinclair  a  member  of  the  convention  f 
— 1  dri  not  know. 

flirt  ht*  Like  )*cju  Under  hi!*  protection ?— lie 
w^-  '      t  x%'ene  Uiere,  and  1  went 

iuv 

V'  -^      It  is  where 

pai  1. 

J  '■"■' — tn 

yo*-  ■- 

vtr.  .,..  .....  -:-,...;...*;  ,    ,  ^  ^vc 

M: 

\v  :  ftn6x»  wh09P  Ikcts  you 

reeugnuird  xo  tiic  reading-room ;  w«m  Ikfty  of 


lOS] 


J^f  High  Treason* 


A.  D.  1794. 


[lOS 


iheifi  iMnh^fi  of  ll^e  Brtdsh  ConvcoUoa  ? — 
t  ffid  ml  faaem  tHemt  fhett  ^erc  none  that  I 
|ra€5f;  I  iatd  there  ^were  none  of  iheir  faces 
thmt  t  kttew* 
^Di4  }f^^  ^o  *f*y  farther  to  the  west? — I 

I  Aid  joli  €all  on  there  ?— Mr.  Haitie. 
I  yim  Imvt  any  papers?— Yc5. 
I  yoy  gu  farther  west  ?*-No. 
I  jpoii  came  home? — Yes* 
I^WImo^  did  you  "O  first  ? — First  to  my  fa- 
^  aad  then  to  llie  Com  mil  Ice  at  Ross's. 
fwB  it  lUe  Coramitlee  of  Ways  and  Means, 
buSiA-coinmiUoe  ? — Some  tall  il  one  way, 
\  the  otbcr,— it  was  coramittee  night, 
pDnl  you  ftnd  any  members   of  the  com- 
'Uiert?— There  was  Watt,  IvrEwan, 

Bi<  jrou  itate  any  thine  to  the  committee 
pfeti  to  the  olttces  where  you  had  been, 
^m^ptei  to  ihe  imture  of  your  journey  ? 
lool  remember  the  particulars  of  what 
I  Hid. 

I  lak  I  ?— .1  told  them  that  the 

ftJMi^  A  hearty. 

I  WlMii  ui  fiiltce  say  to  that,  were 

ka|if)  did  they  appear  to  ap- 

•c* — '  II J  cither. 

Wi5  ?    Did  you  eivc  them 

laick  fl^.^     .  — .  ,    ,  ers?— No,  I  did  not. 
PWjfrtijgivc  them   back  f— I  gave  Ihem 
'    liae  «iys  afterwards, 

jpou  take  any  notes?— I  took  down 
um^  of  the  people  1  called  at  as  I  went 

at  fwrwne  of  that  paper  ?— I  gave  that 

.  ihal.  or  show  it  to  the  com- 
tliAi  lughtf — NOj  t  believe  not;  I  do 
■Uncollect 

W  ywi  i       I     T    ate  any  further  pariicu- 
Im  Id  ihr  f  } — I  am  sure  I  cannot 

y»r>"-*  '  "  *Tiey  were  hearty, 

"  l>»i  .  ^es  of  that  journey 

I  ot  ■  >,^,  ur  out  of  yoiu'  own 

'..tr 

i,rn«:ps — T  frot  a  letter 

and  he 

^vnie  gave 

I  ymt^pend  all  the  money  in  your  jour- 
ff—  lit  i:ri.  of  It, 

Fh  do  with  the  rest — I  gave  it 

ItJie  ci^iumUtcC)  and  Ihey  gave  it  me  l^ack 

was. 
^— I  sup- 

if  that  committee  ? 
'^'"--     —   hut  I 
rcr. 
■f*"'  ■  .M.Aer  at 

,  -1     ^  No,  I  did 

f  bfti  Ume  did  yot*  get  tiiere  ?— I  got  there 


Whst  time  did  you  leave  it^-*i  iancy 
n tight  be  about  6  o'clock. 

What  made  you  not  come  back  apu^  ftffcer 
you  had  seen  your  sister? — 1  wnDtodloaee 
the  country. 

How  came  you  not  to  gpand  lee  theemmty 
of  Filc»  as  well  as  Laoarkahire^^I  went  ta 
see  my  sister, 

Stirling  h  a  little  farther  ofi*  than  your  sia^ 
ler's — Yes  il  is. 

How  came  you  to  go  a  little  farther  aftfl 
you  had   seen  your  sister? — As  I  had 
tilings,  I  just  went  uluno^  with  them. 

But  why  did  nol  igwuhlhcmlo 

Fife  as  well  as  to  >     ,         ^re  i — 1  was  near 
Fife. 

Were  not  you  as  near  to  Glasgow?— I  had 
no  particular  reason  for  it,  eacept  it  was  to  ga 
and  see  them. 

Is  it  a  common  thing  to  take  a  loilg  joum^j 
when  you  go  to  sec  your  sister  ? — you  took  a 
journey  to  Kilsyth,  Kirkintilloch,  GlasgowJ 
and  Paisley  ?— I  cannot  say.  1 

How  came  this  committee  to  pay  yoti  for* 
all  this  journey? — ^Becausc  tiierc  were  aiib- 
serin  lions   going  on  for  those  that  sufi«r«d 
liitely»  and  I  told  them  to  send  money  to  the 
committee. 

Whose  business  was  thii*  you  were  going 
about  when  you  went  this  journey < — was  it 
your  own  business,  or  the  committee's  f — It 
was  the  commit  tee's  business. 

How  did  you  know  the  committee  had  any 
bu.^iness  at  Glasgow  ?^By  my  commission  ; 
I  was  not  confined ;  1  had  libcrly  to  go  wliere 
I  liked-^l  might  go  to  Borrow slounne^s^  and 
Glasgow, 

Tlie  instructions  said^  ^  to  Falkirk,  Bor- 
Towslounness  and  Stirling  >— Yes. 

Then  how  came  you  to  explain  the  S  ^g, 
atwl  the  other  letters  with  blanks,  to  me,  that 
it  meant  the  three  other  places? — Because 
there  were  socielies  there. 

What  sort  of  socielies  ?— The  Friends  of  the 
People. 

Tnen  you  thought  yourself  at  lil*erly  to  p* 
to  any  other  pbce  where  there  were  Friends 
of  the  People? — Yes. 

1 1  was  l>ut  reasonable,  to  be  6tire,  the  in- 
structors should  pay  you ;  tell  me  how  yoti 
got  the  commission,  and  what  was  in  it?~It 
waA  just  lulling  me  to  call  at  the  societies. 

\>  hat  did  it  say  ? — ^It  «ai(l  the  committee 
authorized  me  to  call  at  those  places. 

You  said  you  found  in  .Stirling  they  would 
give  you  support  by  money,  but  wuufd  not  give 
you  any  tiling  else,  they  were  not  ready  for 
any  thing  else  ?— They  would  give  support  by 
money,  hut  nac  other  way. 

What  do  you  mean  by  nac  other  way  *— 
That  they  were  not  numerous,  and  that— 

But  a  few  people  could  give  you  support;  it 
tni;^lil  not  be  very  good  support— they  might 
give  you  stipi^rl  by  something  else  besides 
inon<»y>  what  did  you  mean  by  something 
else?  — I  do  not  know 3  1  had  just  asked 
them. 


107] 


31-  GEORGE  111. 


Trial  ofDaxid  Downh 


[108 


Were  your  ixistructjons,  as  well  as  your 
commbslon  from  the  cooatnitlce? — I  Ihiuk 
it  nienlioDed  aUoul  the  committee;  I  cannot 
mention  whether  it  was  the  committee  or  not. 
RecoJlect  whether  your  iastructions  mention 
it?— Tliey  do  nieDtiou  it. 

They  mention  sometliing  about  a  plan? — 
O,  aye. 

What  did  it  mention,  about  that  plan  ? — It 
mentioned  something  about  that  plan. 

Was  it  a  litOc  plan  ? — I  have  answered 
that  question  to  the  lard  Advocate. 

Was  il  a  great  plan,  or  a  grand  plan,  or 
little  plan,  or  what  did  they  call  it?— No  par- 
ticular name -> they  might  speak  of  it,  I  be- 
lieve. 

What  was  that  plan  to  clo?^It  did  not  say 
wbat  it  wa%  to  do, 

Mr.  Anntruthcr, — He  has  said  he  understood 
the  plan  to  be  tlie  same  plan  tlat  is  mentioned 
^bjWatt 

What  was  the  plan  I o  do?— I  can  tell  you 
If  bat  Mr*  Watt  said  it  was  to  do. 

What  did  your  instructions  tell  you?    Did 
it  say  it  was  near  fiai&hed,  or  that  it  was  far 
1 1  from    being    finished?  —  I   thiuli   the    word 
lȣnisbed  was  in  it. 

Did  It  say  any  thing  like  it  was  far^  or  not 
vita  from  being  finish^?— I  cannot  give  the 
(express  words. 

Give*  me  the  same?— It  §p<>ke  something 
about  that  plan. 

About  what  plan  did  it  speak  ?— It  did  not 
mention  the  plan:  I  said  1  supposed  it  might 
\  be  that. 

h  Now,  did  it  say  that  plan  was  to  be  attend- 
ed with  success,  or  want  of  success  ? — I  cannot 
.say  things— I  did  not  mind. 

Whom  were  you  to  give  your  instructions 
I  to  when  you   returned  ?~Thc  clerk  of  the 
ItCommittee  of  Wnys  and  Means  when  I  came 
•  back. 

1  think  you  said  you  were  permanent  prescs 
rof  the  collcclora  ?— Yes, 

What  were  they  to  do  ? — To  collect  money 
I  i^nd  sentiments. 

Were  they  to  do  any  UuDg  else?— To  see 
'  who  were  determined  to  support  the  burthen 
[in  the  cause  of  universal  sullrugc,  and  annual 
srliamcnts. 

To  whom  did  your  instnjctions  tell   you, 
[^ou  were  to  send  the  juoncy  ?— The  instnic- 
13  saul  the  money  wa^  to  be  TClurned  to 
Mr,  Downic. 
Did  you  ever  hear  any  thing  about  arming? 
-Mr.  Watt  and  I  spoke  about  pikes  two  or 
tircc  times, 

Wcli^  now,  what  wero  tlic  collectors  to  do 

vitli  tliobe  pikes,  or  had  they  any  thing  to 

00  with  \.\ii\u  r^  Mr.  W  art  Jnci;  -I^uwtd  oie 

Otuc  of  t  said  lie  r  me 

omectf  II  ;v  to  ilie<' 

t>"'  \l..  I  did  not. 

^^  '  ttrrm  f— 1  Aid  not 

Be. 

e^iii-f*-.  iu|u:   01   tiic  tyilcLlOi-^  had  iaid  they 


At^  W^att  said,  take  them  down  to  the  col- 
lectors, why  did  not  you  take  them } — If  1  had 
taken  them  down  to  the  collectors,  they  would 
liave  been  blaming  me  for  distributing  tlicm^ 
You  supped  with  Dr.  Forrest  that  ntght? — 
Y'cs. 

You  staid  with  him  after  the  company 
came  awny  ? — I  recollect  I  told  Dr.  Forrest 
first  something  about  that  plan. 

Now,  what  did  you  tell  Dr.  Forrest ?•*-! 
told  him  what  I  told  you. 

Did  yon  tell  him  such  a  nlan  existed  ?— 
I  said  I  had  heard  it ;  I  had  never  heard  it 
from  any  body  in  the  committee  but  Mr. 
Watt. 
Look  at  that. 

Court. — What  is  that  paper? 
Mr.  Jnsirw/Aiff.— lie  has  read  this,  **  Stir* 
ling,— support  by  money,  courage  not  great, 
supj)ort  as  yet  not  certain/' 

CuurL — What  paper  is  that? — A  Ibt  of 
names  I  took  with  me. 

What  for?  —  For  the  purpose  of  corre^ 
ponding, 

Whom  were  you  to  correspond  with?— - 
With  the  Committee  of  Ways  and  Means. 

Were  the  Commitlee  of  Ways  and  Means 
to  correspond  with  all  these  people  ? — (  can- 
not say  whether  they  would  or  no,  but  they 
had  the  particular  power. 
Mr.  Amtruth€r*  —  W^hy  did  you  J  cave  a 

blank  there  in  the  first  line, — dues  S g 

mean  Stirling?— I  lett  a  blank. 

Because  what  ? — I  had  a  list  of  the  names, 
I  did  not  expect  any  body  to  sec  it^  but  I  did 
it  just  for  fear  any  body  should  sec  it. 

Dues  c ge  mean  courage  ?  and  why  did 

you  leave  a  blank  there  ?  you  had  nut  courage 
to  fill  it  up  perhaps? — Yes,  but  I  wanted  no- 
body to  read  It  but  myself. 

1  thought  you  said  you  made  this  up  for 
the  use  ot  the  committee  f — Well,  btil  1  had 
it  to  read :— the  comiuiltee  did  not  desire  me 
to  write  tliat  about  Stirling;  X  gave  it  In  to 
Mr.W^att. 

Did  you  give  it  to  him  as  one  of  the  com- 
mittee ?— 1  gave  it  to  him  as  one  of  the  com- 
mittee, 

Mr,  Cuilen, — When  did  you  givf  it  to  ISIr. 
Wall?— Some  days  after  I  came  li  ve 

him  my  instructions  and  comm  - 

time  after  I  cume  home. 

Mr,  Anstruihcr,—\ou  were  ordered  to  de- 
liver liiein  to  liif  tommitkc?— Yc*. 

Did  you  infoi  m  the  conmiitlee  of  what  yeu 
had  doncinyourjourncy?^!  ♦  ^''  •»  "ti  ijiat  I 
had  collected  ui  bucli  and  !^,  and 

they  wfTf'  '"  '"-.u  111  lii  riKHi 

You  i\  > 

—I  did  r         ^  _  ^a 

say,  at  btirhng  the  society  wfid  not  uumerouA. 


Mr.   / 
commti' 

\ 


C  r  osft*«Kan)  inati  on . 


^ywheo  you  went  in?— I 


1091  fi^  ^k^  Treason. 

hsA  httn  tn  once  or  twice  before^  and  I  just 
loU  them  what  I  have  sd^d  already. 

JLord  rrtsident.-^l  have  lukcn  down  what 

il»tMd  altoTft  these  in^ljut lions,  in  thb  roan- 

ucUons  were  from  the  com- 

I  he  was  to  return  them  to 

ihc  committer. 

II. — As  I  understand  it,  tjie  in- 

mmaiou^  V         ^     ^    from  the  comrailtee, 

^bty  iron  ^>  L  but  not  given  by  the 

DUtiltec;    Li  t  >   were  therefore  no  fiirther 

the    coramiltce  than  Mr.  Walt  gave 

\  to  htm  as  from  the  committee. 

Clerk.— Me  rould  not  swear  whether 
» conmittee  knew  any  thing  about  it. 

[Paper  read], 

**  S g,  support  by  money— c ge  not 

^tU->5 pi  as  yet  not  certain/' 

*  AddnsM  of  a  citixen  in  Alloa,  JameSHaig^ 

I*  KtmrtUne^  George  Miller,  shipmaster, 
"*  AUotL,  Robert  Morrison,  senior,  weaver* 

'  Ctieir,  James  BfMlveeade,  merchant. 

^  Falkitky  John  Ueugh,  merchant,  corn- 

'  S^  Kinians,  George  Brown,  writer, 
^  DtOo.  Hev,  Mr.  Cross. 
'  linttUlgow,  Mr*  Gilson  jun.,  merchant* 
*  nit«n«f*!fninnes%  William  Baird,  ditto, 
liltcr  M*Gibboi>,  uierchaot, 
:U  i^,  Jolm  Grieve,  surgeon. — 
I  iicndersoD.* 
&»,  William  Hutchinson,  esq.,    of 

*  Kklmttiilloclii  Henry  Frecland,  weaver 
**  Balbf^aSe, — infonned  Linlithgow. 

*  Ktocaiii  Printfield,  John  Thompson, 
~^*  Ribrlli,  " '  r  lc5»  Vule* 

'Ptolcj,  Hcming. 

manioc n,  mt,  iVIuir,  iuu,^  merchant 
^Leveoitilef  James  Guruner,  smithy  near 

I  K'ArthiiTt  shoemaker,  new  Meet- 
6,  tXjmbarton. 
^  Rodericrk  G onion,  engraver,  near  Bank- 


A.  D.  1704^ 


[TK 


•  Tlie  fiuLtHlirf  is  ihNiniir't.  that  this  wit- 
^M^Fttiricv  y  summoned 

aliirjoliii  i  e,  to  appear 

M9*  ibe  MbcM  i  i»  and  being 

^Uif  twoni  iod  11  i  m  substance 

.  ^  That  he  iiAil  ng  ;u,qiiaintance  with 
^Jufaa  Uetiderson:    tliat  he  even  did  not 
m  by  ^'  '  '     ^    a  he  hatl  put  sir 
MBt  aa  V,  Urieve^s  m  this 

'    ^  ""-  -  than  the  sugges- 

^t  her,  who  had  told 

,      Uiiv  ^*'  rmi    that  he 

Quid  not  r*  name  who 

IbU  btai  9c  -.uch  was  the 

«4c  fesaiKi  had  for  in- 

mtmz  ^U  "    Thepub- 

l*i  denosi- 

^  M  01  pro- 

uU«  Ai  Liiuiburgh.     Orig,  Ji^, 


"  Linlithgow,  Adam  Dawson,  certain  friend^l] 
but  not  proper  o!»jt.'cl  of  correBpondence.  • 

"  Mid-Calder,  John  Hardie,  or  Thomas^ 
Twccdal. — Shott3,  William  Mortun,  taylor. 

"  Hamilton,  John   M'Lawn,  Jamea 
miiton. 

"  Slrathavcn,  James  WiLson. 

"  Whitburn,  George  Weddel,  merchant. 

"  Dervil,  John  ("Idand. 

"  Glasgow  read'mg  room.— Thomas  Corb 
wants  a  few  cheap  books  or  pamphlets. 

**  Mrs,  Galloway  ^  high  street  Giasgow--.Jj 
wants  adoien  of  Loves  of  Liberty." 

Is  timt  one  of  the  papers  that  were  in  yourj 
parcel? — Ves,  that  is  one  of  the  papers. 
[Paper  read], 

"  Fellow-citizens  r — At  a  lime  when  powcr^ 
seems  to  be  making  such  rapid  strides  among  I 
us,  while  the  friends  of  freedom  are  perse^.i 
cutcd,  and  hunted  down  on  everv  side,  and  f 
the  genuine  principles  of  the  constitution  rc«  ] 
peatedly  violated,  by  those  who,  at  the  time 
they  are  professing  their  attachment  to  it  ^ 
are  aiming  the  secret   blow  wlilch    under- 
mines it,  the  friends  of  peace  and  reform  ia' 
Edinburgh,  call  upon  their  brethren  through- 
out the    kingdom: — We  call  upon  you  to 
warn  you  of  your  danger :  We  would  remind'! 
you  iff  the  present  melancholy  stiite  of  aflkirs; 
our  commerce  diminished,  our  manufactureri'  | 
drooping,  the  industrious  poor  wanting  bread, ' 
and  the  mingled  cries  of  the  widow  and  or* 
phan  assailing  the  ears  of  heaven. — ^These^  j 
are  only  a  part  of  the  cruel  effects  of  this  J 
most   Asastrous   and    bloody  war,  the  en4^ 
of  which  is  wrapped  up  in  a  gloomy  obscurity  ! 
which  lias  scarcely  onti  ray  of  hope  to  pene- 
trate or  illumine. 

**  In  the  mean  lime,  we  behold  armed  a$«'  ^ 
sociations  forming  in  different  parts  of  thej 
country. — We  see  the  partial  selection  of  ci* 
tizcns,  who    arc  entmsled  with  arms,  and 
shudder  in  contemplating  what  may  be  the 
motive  of  this  alarming  and  novel  prudence, 

"  Under  these  circumstances,  what  is  ouf  I 
resource?    Citizens,  there  is  but  one  thing) 
that  can  rescue  us,  a  complete  reform  in  par- 
liament.    Let  i^s  not  be  awed  into  a  servile  * 
submission  by  any  illegal  artifices ;  let  us  noli 
sink  before  the  blast  of  oppression;  but  let 
us  unite  fimier  than  ever,  and  the  number  of  ^ 
voices,  that  call  for  a  redress  of  our  grievance* 
shall  yet  be  heard,    But  never  let  us  reliii*^ 
quish  this  great  work. 

**  Remember,  that  till  we  are  fairly  repre-  , 
sentcd,  no  check  can  ever  be  opposed  to  the 
strides  of  power,  but  we  may  be  crushed  be 
neatb  its  weight,  like  a  worm  beneath  th«1 
foot  of  the  passenger,  J 

"  In  the  mean  lime,  we  sejid  you  a  few ! 
rules,  which  arc  drawn  up  for  the  use  of  our  ^ 
own  societies ;  we  recommend  them  to  you»  | 
and  ltoi>e  they  will  be  equally  serviceable.  A  , 
I  !    of  Union  is  appointed  here.  tQ'| 

.  j.e  united  wishes  of  the  several  so-  ' 

cieue^ ;  and  a  sub-committee,  whktv  \^  c^^ 


Hi] 


34  GEORGE  111. 


Trial  ofDatid  Dmnie 


[112 


the  Committee  of  Wiiy«4  and  Mtans  and  as 

treasurers  for  the  united  si»cielieB»  and  as  a 

centre  of  union  for  all  friends  in  ScoUand. 

Througb  iheir  medium,  direction!*  and   in- 

^        ctbus  will  be  given.     Ihe  tnuney  put 

their  4iands  shall  be  accoiinled  lor,  itnd 

Jbbursed  in  such  a  way  as  shall  be  most  t«l- 

tilated   to    promote  our  greitt   lausa.      If, 

bereforc,  vou  h;ive  any  sums,  collected,  be* 

ad  wi^al  your  immediate  ejiigcncies  require, 

if  yau  can  culled  any  among  your  friends, 

though  they  s.hould  not  be  rociubers  of  stj- 

aetjcs,  you  arc  requested  to  leroil  the  same 

_jD  Mr*  Edinburgh,  who 

"la  appointed  to  receive  the  several  sums  for 

the  comnjiltee. 

"  We  would  also  wish  to  be  informed  of 
the  number  of  friends  which  you  have,  on 
who«e  patriotism  you  can  rely  with  the  most 
imolidt  coufidence,  and  who,  you  are  &ure, 
will  spare  no  exertion  whatever  in  pronioling 
the  great  cause  in  which  we  are  engaged. 

"  We  would  thank  you  to  communicate  the 
best  method  of  making  our  mutual  senti- 
nieols  known  to  each  other,  and  the  per- 
son to  whom  our  letters  may  be  addressed 
with  the  greatest  safety — Direct  your  letters, 
as  above,  for  Mr.  :  we 

beg  for  an  answer  with  all  convenient  speed, 
and  remain,  your  brethren  and  fellow«>ci- 
tizensi  the  Committee  of  W.  and  M, 

Lord  vlrf«<K'afe.— There  are  only  one  or  two 

aragraphs  we  mean  to  trouble  Uie  Court 

irith. 

WUncit. — There  are  some  blanks  in  that 

aper  that  were  not  filled  up  in  the  paper  that 

! took, 

Mr.  Amtruthtr- — Whom  did  your  instruc- 
tions desire  the  money  to  be  sent  lo?---My 
instructions  desired   the  money  to  be  sent 
»  Mr.  Downie?  — The  blanks  were  not  filled 
lipp  in  the  instructions. 

Is  that  one  of  the  papers  in  your  parcel  ? — I 
hinkso. 

[Paper  read.] 

^l-^DAUEKTAt  PaiNClPLtSOF  TUC  SOCIETIES. 

'  vt      'I  lv«  Cfim ,  of  U.  IS  composed  uf  per- 
by  the  people »  lo  look  alter 
i  t  ;  nil  ate  consequently  amenable 

f  I  to  the  people;  therefore  the 

\f,  power  gf  deposing,  by  m««ns 

»*  petition  to  the  president  of  the  Com,  of  U,, 
in  a  by  him  reported  lo  the  societicn,  for  mi^j- 
Dliduct  in  any  of  their  representatives. 
"   Sd,    As    representatives  ol    the   Com. 
JV,  are  invested  with  every  nower  ttieir  ton- 
tituents  c:in  claim,  the  will  of  the  cortsli- 
u«nl,  at  the  appuinlinent  of  ^ 
in,  that  ne  walch  over  l>i 
sb-  -■  -  -  --v.      ^ 


^nd  liim/' 


Lofd  Advooatt,*^Go  to  the  collectors. 
[Heads] 

"  1*1,  Eadi  society  sliall  appoint  one  or 
more  persons,  the  most  ^ictive  and  riitelh^ent, 
to  Ikc  collector!  of  money,  and  each  of  tlie&e 
colleclor-i  are  to  have  the  superintendcncy  of 
15  or  'iO  persi*ns  whom  they  are  enjoined  to 
visit,  as  oft  as  tlieir  time  may  allow :  what 
money  they  may  collect  is  to  be  delivered  to 
the  treasurer  of  their  di^erent  societies  every 
week. 

**    2d,     Such    collectors    arc    pcmianent, 
unless  disqualified  by  inattention    -  r*'  rr- 
wise;  they  arc  to  meet  with  the  * 
and  M.  to  report  progress  once  c-v.  r  Mue« 
weeks. 

"  5th,  OfUiC  Ejcient  of  Delegation, 

"  1st,  Election  of  delegates  to  Ilie  Coon,  of 
U.  takes  place  on  the  first  1  hurs<iay  of  Febrii- 
ary.  May,  August,  and  November,  rinmiaHy.* 

**  5d,  Each  society  shall  send  a  ar 

every  12  members,  to  the  Cum  mitt'-  tU 

a  lellcr  signed  by  the  president  and  the  secre- 
tary for  the  time  bein^.  liow  soon  an  addi- 
tion of  12  is  mudc  to  aiiv  society,  ihal  societj 
is  entitled  to  send  an  additional  delegate,  fiut 
no  society,  however  numerous,  can  send 
more  tham  three  representatives. 

**  Sd,  The  powers  of  such  representatives 
slvall  continue  only  for  S  months,  at  which 
period  they  must  either  be  rcHticctcd,or  others 
chosen  in  tlieir  room. 

"  XVI. 

*'  Isl,  The  societies  shall  adopt  such  regula- 
tions, and  adhere  to  such  instructions  as  the 
Com.  of  W.  and  M.  may  think  proper  to  bsue, 
after  being  sanctioned  by  the  Com,  of  V, 

**  ^f\,  NO  member  shall  introduce  religious 
lop'  hate,  no  motion  fi>r  prayers  to 

be  r  at  the  gathering  or  dismissioo 

of  ttic  societies;  because  every  thiuij  that 
tends  to  strife  mod  division  must  be  avoided. 

*'  Lattfi  relative  to  the  Com.  of  U* 

**  1st,  The  Com.  of  U.  shall  meet  once« 
week,  imd  elect  a  president  every  meeting,  ac- 
cording as  their  names  stand  in  the  roll ;  no 
member  is  to  absent  himself^  without  aaiigiK 
ing  satisfactory  reasons. 
•*  «d.  The  secretary  simll  continue  in  office 
3  months,  during  which  period  he  has  the 
keeping  of  the  books. 

**  3d,  It  shall  be  eliqibie  in  tiny  person, 
properly  del  ecated,  fro  I  •  ^Qt 

Kingdoms,  to  oe  a  men  1 1  r ; 

but  no  foreigner  can  b" 

"4th,    No  dele^i*^  I  another  in 

.  hen  he  is  prevent*  <i  from  irt^taod- 

*'     --      '  • '  nod  «»erretary  arc 
T  rr  j>ard  the  pre* 


to  cxpkmto. 


^eak  in  the 
-jn«^  iini 


1 


1)91 


JfoT  High  Trcosm* 

^  to  be  read  by  the  secretary  at 
soon  a«i  the  pr»f'%3dcnl  takes 
vl  eiE;ht 
of  the 


of  the 

c^  j,  aiiu  tne  order  of 


•"    of  \V.  M.  must  report 

,,  inowcd  to  accuse,  or 

ions  on  another, 

grill  the  soekUies, 

jiMlimg  the  ^ronnda  of  his 

torn,  of  Ways  and  M, ;  aud 

jrjiwrt  to  the  Com.  of  U,  if,  upon 

b»o,  thty  see  siifificienl  reasons  as- 

'  ICHh,  Thf  name  of  ihe  accuser  is  not  to 

'       the  Com.  of  W.  and  M. 

jt  ajcrusation  worlJiy  of 

'    ■SV, 

\  condesceosioD, 

HtuiiuT,  must  prevail, 

ngst  the  members  of  the  Com, 

iti.r^t  '>li  iV,o  ^ocietits. 

'  l$*  inaiiimily  ofsoul, 

Hidicd,  arid  every 

Ki  "ft  prudent  maimer^  to 

,-ilnuneiital  in  forwards 

t  ibc  ;    for  independent  ^nd 

iionour  and  preference 

r  wtiMth€  to  ihe  Citm,  qf  \\\  and  M, 

*■  Ul,  The  Committee  of  Wnys  and  Means 

npcnu:  '    '  of  it  have  the 

more  of  its 


p«»«ex 


iLi  d][\i  iLj^ttentioo. 
lie  nomination  to  anjr  | 
***   i.^.ii   ^.^Li  body;   also  a  dii^cre- 
|iQWcr  to  meet  where  and  when  they 


consist  of  no  more  than 
ihrin  four  persons. 

ut  and  secretary  of  the 

.  J  ne  the  money  transac- 

oT  llie  Com.  of  W,  and  M.  once  every 

No  cross* examin&tioQ. 
Dr.  Forrett  sworn. 
Lar^  Adpxain, — Do  you  know  n  man  of 
Ibe  ntsoe  of  John  Fjiirley? — Yes. 
Whca  dill  you  sec  him  fir!>i  ?—  Some  time  in 

nMfUft 

Wlietc  did  you  sec  him  ?— At  StirUtig. 
HAdjoy  rvct  known  thai  man  before? — 
tSu^  guy  Uf^. 

H^if  cAoic  be  lo  introduce  him&cif  to  you  f 
-De  jaid  a  TbomaA  Bell  desired  him  to  call 
hiisu  * 

Yoci  iPCTf  of  Uie  s<x:ieiy  ? — Tes. 

As*!  tchrr  :Tieci  ? — In  my  house. 

r  the  members  of 


^ 


jr  story  to  the 
,  on  thai  oc- 
Ifttriey  commuAicaie  to  you  any 


parliculaf  business  or  circumstances  ?— Hie  i 
told  us  he  was  sent  by  the  committee  in  j 
Edinburgh j  to  endeavour  to  procure  money] 
for  the  support  of  Mrs.  Skirving,  and  som^i 
otlier  friends  of  reform,  .ind  to  know  what 
were  our  sentiments  about  reform. 

To  know  what  were  your  sentiments  ?—v 
He  showed  us  a  written  paper  to  that  purports  I 
I  cannot  recollect  that  paper  at  present  to  b^  I 
nolliing,  but  what  I  recollected  before,  thai  I 
there  were  to  be  collectors  for  14  or  15^  to' 
collect  the  opinion  of  that  14,  to  know  theiH 
sentiments,  and  to  procure  the  money,  I  un-i 
derstaod,  and  there  was  a  part  of  the  inslruc»] 
tions  they  mentioned,  they  were  to  be  pro-' 
vided  with — and  a  blank  followed  that;  to  b^ 
provided  with blank, 

Now,  1  asic,  what  did  you  understand  by  . 
that  provided  with,  and  that  black?     What 
did  you  understand  at  the  tune?— If  I  might  j 
gues^  nr  conjecture, — being  armed.  I 

Did  you  or  any  person  give  any  answer  aC  j 
the  time,  or  take  any  notice  of  those  instruc-  ] 
tions  to  that  effect  ?^l  think  I  said,  he  shouI<l  ] 
he  cautious  how  he  conducted  himself,  and 
what  lie  <iatd ;  for  our  parts,  we  had  nc^  \ 
thouglUa  of  proceeding  farther ;  in  wliat  w^ 
h;id  done,  we  had  expressed  our  thought^  j 
to  the  public,  or  somethm^  to  thut  purpose.    .  | 

Yon  say  you  concluded  the  blank  mean^| 
arms ; — now,  1  ask  yon,  was  there  any  othec 
circumstance  which  passed  between  you  and  . 
this  man  Fairley,  relative  to  this  conjecture  j 
of  yours,  which  tended  to  confirm  or  disprove  i 
that  conjecture  ? — 1  do  not  remember  par- 
ticularly, but  sometliing  was  mentioned  of  ai^ 
expected  invasion  by  the  French,  and  he  took  ^ 
a  piece  of  paper  and  a  pencil,  and  drew  a 
figure  resembliog  a  halberd. 

Do  you  see  any  thing  upon  the  table  like  ] 
it?— Yes,  my  lord,  it  was  something  hke  ihat^J 

He  asked  how  that  would  answer  for  de^'f 
fence? — Yes. 

Did  he  say  any  ihiHg  more  upon  that  sub^l 
ject? — Yes,  I  do  not  recollect  what  followe^^i 
upon  that ;  there  was  nothing  that  I  recollect,  I 

Do  you  recollect  any  thing  else  of  his  givj  j 
in^  you  any  other  information  with  respect  taf 
what  was  aping  on  at  Edinburgh  ?^He  men-  j 
tioncd,  I  think,  that  he  knew  u  pcrs^ou  that 
could  provide  such,  and  I  think  he  mcntionedr  I 
the  number,  but  I  cannot  put  s  name  upon  it^  ] 

Did  he  mention  where  this  person  resided  j 
that  was  to  furnish  these  things  ?— No,  I  d%^  j 
not  recollect,  but  the  idea  struck  me. 

Did  this  pass  after  your  friends  left  you,  or 
were  with  you  f— To  the  best  of  my  know- 
ledge while  they  were  there. 

Did  he  stay  after  they  left  you?— He  staid*] 
and  slept  there  all  ni^hl. 

Was  there  any  Ihmg  else  that  passed  be- 
tween you  and  him,  that  struck  you  at  thi^J 
time  as  extraordinary  as  to  what  was  to  be  done  1 
in  Edinburgh  ?— There  was  something  B^^d^l 
about  the  collectors.  ^  )] 

Did  that  paper  of  inatnictions  mention  any 
thing  with  respect  to  any  plan  or  sclwwe 

I 


.jiil^ 


1163 


$i  GEORGE  nr. 


ivbkh  struck  you  ?^ — Unless  it  was  those  col- 
lectors that  were  to  iittcDd,  and  to  know  their 
sen  li  merits — 

What  besides  tlial?— I  cannot  recollect 
just  now. 

Was  there  anv  thing  said  by  Fairley  you 
thought  it  your  cluty  to  check  him  in  ?— I  do 
cot  remember. 

Was  there  any  thing  about  violent  roea- 
»iirc8  about  lo  be  prottoscd  in  Edioburdi  ? — 
I  t}nnk  he  s^aid,  that  some  people  in  tldin- 
Diirgh,  would  probiibly  repent  of  their  con- 
[:'duct. 

^N  hat  people  ?  Was  it  the  Friends  of  the 
People  ? — No,  I  did  not  suppose  that 

NVho  did  you  suppose  tliera? — I  supposed 
,  it  was  their  upponcnts. 

He  left  you  some  printed  papers? — Yes. 
What  became  of  Ihosie  priuted  papers? — 1 
[gave,  to  the  best  of  my  knowledge,  a  copy  of 
a  letter  of  rcgidalions  and  rules  lo 
'  and  my  friends  burnt  the  res-t 

When  did  they  bum  the  rest  ?  was  it  before 
^  or  since  the  warrant  sent  for  you  to  Stirling? 
I  - — Yes,  in  cun^cijuence  of  that  warrant. 

Mf.  Jmtruthcr. — Now,  before  you  go,  only 
do  recollect  yourself,  and  tell  rae  whether 
I  there  was  no  conversation  between  you  and 
I  Fairley,  alter  the  company  went  away,  more 
k  than  w!ial  you  have  staled  ? — No,  I  do  not 
TccoUect ;  it  was  verj'  near  midnight,  and  I 
;  vent  to  bed  very  soon. 

Now,  1  only  ask  you»  do  you  swear  that  you 

pTecollect  no  more  of  tiie  conversation  with 

[  Jairlcy,  than  you  have  now  stated  ?--I  can 

very  s;ifely  do  it  4I  present;    several  things 

may  have  escaped  nie,  Uiat,  by  helping  my 

rccoUection,  I  might  answer 

Joseph  Gurnall  sworn. 

In  what  employment  are  you  ?— A  king's 
SQesscnger 

Pray  do  you  know  a  Thomas  Hardy  in 
I  London? — Yes,  my  lord. 

Were  you  ever  employed  in  searching  his 
t  house  ? — Yes,  in  consequence  of  a  warrant 
I  from  the  secretary  of  state,  jointly  with  Mr, 
rXftuzun,  I  was  to  search  his  house,  and  seize 
I  hh  papers. 

Now,  sir,  did  you  see  any  of  Hardy's  pa- 

ftns  ? — In  the  bureau  of  Haidy's  house,  I  saw 
lardy *s  papers.     1  found  that  letter  in  his 
llyurcau. 

Yben  ?— In  the  morning  of  the  15th   of 

Alexander  Mdchell  sworn. 

hard  Advocuic—^lt.  Mitchell,  where  do 
[you  commonly  hve? — In  Stirling. 
(     Were  yuu  'living  llierc  in  the   month  of 
L  April  lait  ?— Vcs,  I  was. 

Wa«v  there  any  Mjeicty  of  the  Friends  of  the 
T      '    "  .1  was  tt  member  of  it. 

'tary  of  it  ?— I  never  act- 
I  tu  vi  *' .  rly^  but  as  ie- 

Wii***  .'VT I  -  u  -ifc^ii  f— liilmariiocki 


Trial  o/David  D&mie  []  16 

Gawstone,    Newmills,  Darwell,  and  Strat- 
haven. 

Do  you  know  a  man  of  the  name  of  Tho- 
mas Hardy? — He  is  designed  a  shoemaker. 

Has  he  any  other  situation  ? — He  is  secre- 
tary' of  a  Corresponding  Society  in  London, 

Did  you,  or  your  society^  or  any  of  tliese 
societies,  receive  in  April  la^t,  or  in  the  course 
of  this  year,  any  letter  from  this  Mr.  Hardy  > 
— Yes,  a  letter  for  the  society  in  Stralhaven. 

What  was  the  purport  of  that  letter? — A 
principal  p.u-t  of  it  was,  announcing  a  proposal 
for  another  British  Convention, 

Would  you  know  the  letter  if  you  saw  it? 
is  that  like  the  letter  ? — Yes,  I  thtidc  it  bears 
every  resemblance  of  that  letter. 

Now,  sir,  did  your  societies  do  any  thing  in 
consecjuencc  of  lliat  letter  to  your  knowledge? 
— Yes,  there  was  a  meeting  of  the  United 
societies,  as  I  mentioned  betore,  at  DarweU^ 
on  the  receipt  of  that  letter. 

Wliai  did  you  do  ? — The  consideration  was, 
if  it  was  proper  to  send  a  delegate  to  that 
convention,  and  it  was  agreed  there  should 
be  one  sent. 

Did  thai  society  do  any  thing  else  inconse- 
quence of  that? — There  was  one  appointed  to 
be  veady  to  be  sent  against  the  time  it  should 
be  called. 

Did  they  write  so  to  Hardy,  and  give  him 
anv  information  of  it  ? — Ye^,  they  £^ 

Did  they  write  them  ?— Yes, 

Who  wrote  the  answer? — It  weni  in  my 
name. 

Did  you  write  it  ?— Yes. 

Look  at  that  letter,  and  see  if  you  wrote 
that  answer  lo  Hardy;  is  that  your  hand* 
writing  f — ^c^  I  recognise  it  lo  be  the  same 
from  all  I  can  judge* 

What  was  the  name  of  the  gentleman  yoit 
chose  to  be  delegate  of  the  society  that  was  to 
be  held  in  readiness ? — I  do  not  conceive  it, 
would  be  of  any  direct  use  to  the  Court,  or  I 
would  mention  it ;  it  might  be  a  cause  of 
trouble  to  the  gentleman. 

You  are  bound  to  mention  iL  What  was 
bis  name  ?— James  Wilson  of  Strathaven. 

Lord  Advocate. — ^This  letter  is  found  by 
Gurnall,  13th  May  last,  in  this  rentlemaa^s 
hand-wnting,  This  letter  is  of  tne  date  thai 
Mr«  Gurnall  speaks  to. 

[Heads.] 

"  Fellow  citizens ;— The  society  at  Stratha- 
ven received  your  circular  letter  bome  time 
ago,  respecting  another  British  Convenlioo  to 
be  held  in  England,  and  finding  it  would  be 
inconvenient  for  them  lo  send  a  delegate  for 
tiicniselves  alone,  the  cause  being  much  sup- 
pressed  here  by  prosecutions,  whi^h  we  aro 
Bubjected  to  from  the  petty  ahi     '  iir 

neighbourhood,  we  havr  united  on  ;  i h 

ihr  in  Ivilmai:      '     '  v. 

mil  rwalL    A'  115, 

of'  .     .u._  ,jj 

81;  ^U 


Jut  Higft  Treason, 

j;alr  was  elected  fur  the 
vutl  a  secret  comtJiiltee 
ed  U>  coiiduci  lUe  business*    You  will 
farward  your  orders  to  tis,  when, 
»j,i.  '  :  '  Jilion  is  to  meet,  with 

a ;  ur  informalioD  you  may 

^  ^  t  '^  hall  instruct  our  dele- 
M  I  r  -  ^  r  1 1 J 1 , 4  i  [  1 L  HI!  iber  and  strength  of 
:  KKiciu  >,  -iudarc  huj^^py  to  fraternize  with 
jnu  in  any  thifig  thai  ma;^  tend  to  promote  the 
pMnl  good. — VVe  remain  yours,  in  the  cause 
oTlilbertjr^  f<»r  th<!  United  Societies  a^s  above, 
"Alex.  Mitciull,  sec. 
,  9th  Aprils  llOiJ' 

i  per  post,  and  Addressed  thus^ 

,  T,  Hardy^  shoemaker,  No,  %  Piccadilly 
London." 

Walter  Miller  sworn. 

^  Adt>ocittt, — ^Vou  live  In  Perth,  do  not 

l}id  jrot]  erer  hear  or  know  of  a  man  ealkd 
fltoows  llttf dy  }—l    have    heard  of  such  a 

X\\A  *ji-iM  £>vfT  rrrf  iv^  nny  letters  fromhini  ? 

,  but  I   got  a  r.ir- 

ju  by  way  of  Edm- 

\  it  Uw»g  before  the  ehcriif  of  Perth  took 
7DI  up^  tod  asked  some  questions  ? — It  was 
BOC  lODg,  1  cznoot  say  the  time. 

l/xk  ai  that  lelier>— Yes. 

Loek  at  tt,  ami  see  if  it  is  the  same?— I 
Isn  J^  to  look  at  it  any  more,  when 

Be  s  'it  that,  and  sec  if  you 

€*€f  la  -Ycb,  1  saw  that  loo. 

I  David  Downic?^ — Yes, 
vou? — Ycsj  certainly  I 
'-'"d  in  mv possession 
ilk  oi  it, 
-      iij  Itller,  *'  we  pro- 
to  »enii  one  published  by  the  Courier, 
Ibe  plc2i*cd  to  send  us  a  parcel  with  your 

Wlttt  soft  of  address  was  it  ?— It  was  pam- 
fyetfl* 
Wbal  vt^  of  pamphlets  ?— Political  Pam^ 

WbAt  rnphlets  ?— I  do  not  know ; 

Wa9  ther^ 
jtKaaf-^ 


A.  D,  I79i* 


[II 


Iter,  a  small 

■I  I  J,  V.  ji,i  tliis  parcel? — 
IcUcr,  whether  it  came 

I  was  it  ? — It 
I-  caikd    the 
ere, 
t  of  that  let- 

,  I  :<  a 
tlii4t  Mi;k«  ;^  tiling  highly  pru(ier 


n  Hardy,  did 
ucc  of  it?— 


Wliatwere  those  steps?— Tlic  comtnitle 
considered  it, 

And  what  did  they  consider  ? — Why,  if  it" 
was  a  measure  resolved  upi*n  by  the  olhej* 
parties  of  the  kingdom ^  they  were  to  adhere 
to  it. 

What  do  they  mean  by  that?— The  purport 
of  it  was,  they  were  to  send  delegates  upon 
due  determination,  which  they  could  not  tell 
without  consideration  afterwards. 

They  were  to  send  delegates  to  this  conven- 
tion ? — Yes. 

Ix>ok  at  that  letter,  and  see  if  it  is  like  that  ? 
— I  could  not  say  really ;  there  was  a  copy  of 
that  letter  seiietl  iu  Perth ;  I  know  that  it  was 
directed  to  me. 

What  was  the  size  of  it  ? — I  do  not  recol- 
lect the  size, 

Mr.  CUrk, — Do  you  remember  the  tin 
when  Mr.  Watt  and  Mr.  Downie  were  seize 
and  imprisoned  ?— I  may  remember  that  ver 
well;  a  few  days  after  that  I  was  apprehend 
od  myself,  and  have  lain  in  ^aol  ever  §ince. 

Had  you  any  notice  from  Mr.  Walt,  orMc 
Downie  of  such  a  proposal  as  limt  ? — I ; 
very  certain  there  was  no  proposal  of  tha£ 
kind.  I  ^vas  a  member  of  all  the  committees 
at  that  tune  existing  in  Perth. 

And  ^*cru  never  heard  a  single  word  ahou 
arms, — ^3  or  4,000  ?— No  never  till  yesterday 
night,  when  I  saw  it  in  the  newspaper. 

Vou  said  ^'ou  were  a  member  of  the  society! 
— Yes,  certainly  so. 

Are  you  a  member  yet?— I  cannot  be  a 
member  while  I  am  in  prison. 

Did  not  you  cease  to  be  a  member  of  thatl 
committee  ?-*-Yes. 

Why  ?— For  some  diflTerencc  in  that  society,^ 

What  was  it  ?— 1  suppose^it  is  not  connectc ' 
with  this  cause. 

CViirf.— We  cannot  tell  till  we  hear  it,  i 
may  be  materia!  or  not. — If  the  iCourt  will  ob* 
lige  me,  I  will ;   but  I  wUl  not  enter  iutobu-* 
siness  abstract  from  the  cause  j   it  ib  not  con- 
nected with  the  cause. 

iri/rt«i.— My  lordsj,  if  you  have  no  more 
occasion  for  me  on  this  trial,  I  think  I  have  i 
right  10  my  liberty  now, 

Xj&rd  Advocate. — ^The  witness  is  taken  itp 
«nd  iraprisonedunder  a  warrant  for  trr  asonable^ 
practices,  by  an  act  of  last  sessions  of  pirlia* 
ment,  suspending  the  act  of  170 1.     UisnotJ 
in  the  powerofyouc  lordship  to  liberate  hiiu,. 
without  an  order  signed  by  6  at  icjist  of  the 
privy  council. 

U^fnew. — I  beg  leave  to  be  he^rd  a  few 
words — 1 1  is  in  my  knowledge  that  I  was 
tnkcn  up  in  a  most  illegal  manner,  by  a  war- 
rant from  the  sheriff:  I  have  been  detained 
here  three  months  under  extraordinary  cir- 
cumstances, and  have  received  the  worst  of, 
treatment;  last  night  wliea  I  went  hom  that 
bar,  I  meijlioned  tu  your  lordsliip  my  ajiptar 
iug  under  harticular  circumstance*,  tiiid  bcinj 
so  long  a  prisoner^  and  luvujg  met  with  Mici 
•cvere  treatment,  it  might  be  Uiouglit  I  w.i 
come  here  at  the  expence  of  ihl^  V4atV^\il< 


34^  GEORGE  III. 

>  save  my  own  self.    I  was  cletermined  to  re- 
tire eivrng  evidence,  aiid  staled  my  objection; 
ny  lord  advocate  fold  me  I  w;is  not  to  be 
brotiglit  to  trial,    I  know  I  am  enlHIed  to  niy 
'ibcrty* 
Lord  Praident — What  you  have  remjired 
ft"'     ^ '    ;rt  we  cannot  do ;   there  must  be  an 
I   to  the  privy  council,  and  upon 
itir.ii  ityyur-xmo,  his  majcsty*s  advocate  may 
fhc  heard  a£jauj&t  it.    Tim  court  can  do  nothing 
in  the  Ijubiness  one  way  or  another.    The  law 
is  open  to  you,  if  yoti  have  been  oppressed. 
'Xhis  is   not  the  way  it  can  be  dune;    the 
|Court  bas  nothing  \o  do  with  it  in  this  shape. 
WUtifts.-^l  asK  one  question ;  is  it  not  the 
ated  law  of  the  country,  that  when  a  person 
|js  once  admitted  a  witness,  he  is  free  from 
"hat  criminal  charge;   can  1  he  freed  from  all 
riminalily  ? 

Lord  President.  —  Apply  to  your  counsel 

Ifor  advice.     All  this  is  quite  irregular.    The 

I  Court  canuot  hold  any  more  conversation  with 

jfou  upon  that  subject. 

Lard  Advocate. — We  have  done  for  the  pro- 

faecution. 

Mr.   Cullen, — I  wish  to  trouble  the  lord 

_ldvocale  to  csplaiu  something  concerning  a 

■tTftUsaclion    tluit    passed   between   him   and 

IJr.  Watt;    1  wish  the  Jury  may  sec  what 

Uie  description  and  character  of  Mr.  Watt 

WHS. 

Mr  Amiruther^ — I  am  totally  at  a  los«  to 
understand    how  the  character  of  Mr,  Watt 
an  be  made  evidence  on  Mr.  Downie's  trial, 
pl»ut  still  I   have  not  the  smallest  objection 
^  >  your  cxamimng  the  lord  advocate. 

Mr.  CulUn. — I  wish  your  lordshin  to  give 
account  of  the  transLiclions  anu  commu* 
dcations  your  lordship  had  with  Mr.  W^att, 
eptrding  the  subject  of  intended  riots,  or 
NTith  regard  to  any  thin*  of  the  like  kind  ? 

Lord  Advocatt,—\n  October  1792,  Mr.  Sc- 
reiary  Dundas  was  in  the  country ;  at  that 
lime  tlicre  was  a  very  general  alarm,  it  was 
mmeftiatf  Iv  hf  fjrr  tlu  i.arliament  was  called ; 
^»d  !  ,  cl  out  upon  rumours 

&fnu  I  nous  disturbances  in 

cieui  piifis  oi  till?  country.  Mr.  Dundas 
'  ^cvrral  t'oiiverf.ationfl  with  me,  the  soli- 
M'  I k1  with  Mr.  Pringle,  the  shcrift*, 

\h  icfl  that  a  person  had  wrote  to 

'oi'ure,  stilting  to  him 
I   number  of  people 

rt;Ut:u  111  i-jjuiiii:  *       ,  1       ,^     ;- 

lificfoijs  conspiracy  \ 

ll)uudas,    thereJore,    .- 

labout  this  man,  to  see  u 

||i<^wa*«:  Mr.  Prin^lc,lh< 
juiry,  am!  I  rcmcijUier  si 

Jmbout  the  beginning  of  >.^ 

tbe  rouuiry,  Mr,  Tringic  tola  me  lie  had 
nndc  rnqn'Tv,  I  tif  Iil'vc  of  Mr*  H.ilfour  the 
y  of  our  inquiry  was 

i  '}  confulf'  ill  htm  *,o 

Lpu bj ecu    W  he  n  I  c;i 

lie  aamtUtucs  came  iq  m;  uou^c  m  Kjmi^^'^ 


Trial  qf  David  Dcfmnie  [  190 

square,  and  mentioned  some  things  that  were 
^in^  on,  and  gave  me  the  names  of  certain 
mdjviduals.  He  likewise  went  to  the  North 
of  Scotland,  and  wrote  from  Dundee  and 
Forfar,  stating  the  situaliou  of  that  part  of  the 
counlr>%  When  I  saw  him  he  ^ve  me  some 
accouuts,  which  he  said  he  hacTreceived  dur- 
ing his  journey,  particularly  some  he  had 
received  fn  Fifeshire,  or  Forlar,  about  a  parly 
of  soldiers  from  Chatham,  whom  he  repre- 
sented as  having  been  seduced  from  Incir 
duty*  lliis  appeared  to  me  material.  He 
said  those  soluiers  were  at  Perth,  and  after 
!>ome  correspondence,  they  were  found  there ; 
lort!  Adam  Gordon  ordered  them  to  come  to 
Ediuburgh ;  when  I  was  informed  they  were 
arrived,  1  went  down  to  the  Abbey,  and  cjca- 
mined  them  all  separately,  in  lord  Adaih's 
presence;  and  his  lordship's  opinion, and  mine 
was,  that  the  information  given  by  Walt  re- 
specting them  was  not  founded.  The  soldiers^ 
at  lea**t,  denied  every  thing  which  had  been 
imputed  to  them,  by  the  persons  from  whom 
Watt  said  he  had  received  the  information, 
and  it  rcslcd  on  the  credit  to  be  given  to  the 
opposite  accotmts.  There  the  matter  dropped^ 
and  I  gave  it  no  more  at  tent  ion*  He  Came 
altcrvviirds  occasionally  during  the  winter,  and 
communiciUt'd  lomc  several  particulars  of  the 
procccdiugftuf  those  clubs  and  societies,  which 
were  tlien  meeting  in  Edinburgh ;  somcoflliese 
persons  were  then  tried  betore  the  court  of 
juslinary. 

Jt  appeared  to  me,  that  the  persons  I  had 
heard  of  that  composed  tbose  clubs  were,  vk 
number  of  them,  m  a  very  low  situation  in 
life ;  and  there  was  clearly  more  money  going 
amongst  them  than  could,  as  it  appeared  Iq 
me,  spring  frum  their  own  labour ;  I  suspected 
it  might  tome  from  London,  or  perhaps  frcflo 
France,  and  1  de&ired  him  to  inquire  parllcu** 
larly  into  that  circumstance.  Some  time  after 
this,  he  wrote  to  me  in  Loii<l' i'  »K.t  q^o  or 
two  pcrnons  knew  somethiij  which 

they  otTcrcd  to  divulge,  provu :  .  ,  ^tt)could 
give  them  a  large  sum  of  money  about  a  thou- 
sand pounds,  or  some  such  large  bumofmoo^v. 
I  wrote  him  in  reply,  that  I  could  not  comply 
with  such  a  proposition,  but  1  afterwards  paid 
him  30/.,  as  he  said  he  had  accepted  a  bill  m 
iavour  of  one  of  those  men  for  that  sum*  t 
wfi  V   clerk  to  pay  tt,  and  it  wa$  paid 

at  In  the  month  of  May,  or  In  the 

cuur  e  <ii  MIC  summer,  he  wiotc  to  me  in  re- 
gard to  some  provision  for  himself,  which  did 
not  succeed ;  and  so  far  as  I  can  charge  tny 
own  memory  with  il,  I  never  saw  or  ucikrd 

frnin   l.Mii   sliui*  Ink     M<\'A        ~\{\\u   fi.lili^cf   fyf 

■Jier 
^     ,  jni 

liim  when  1  wtw  at  tin  ^e, 

last  September,  it  wo\i  I  to 

me  thai  I  did «  I  was  tticie  Uit^  Ultt^r  end  of 
Sfpfrinhfr:    I   hiire  t'ndi'Mvmffrd  to   recollect 

niol  recollect 

;   but  I  tua 

ccUiUu  iiucu  Utlwl/t:r  UhL  i  ncvtjr  saw  or 


\at]  for  High  Trtmoiu 

L  of  him*    The  next  time  I  heard  of  him 

n  !Kr  meeliTT:  of  the  StLret  committie  of 

^        1 1  urns,  when  Mr.  Secretary 

-i«<i  to  ua  ihc  discoveries 

I  had  heard  heforc 

rsioa  of  the  Britisii 

I  Watt  had  appeared, 

Bui  it  never  en- 

uj  was  Uie  man.    1 

cqufitlence  in  hini» 

him  with  any  thing. 

ruck  when  I  heard 

-  wa.'i  the  man  who 

I  given  Mr.  Dundasaud  roe 


M*  ntJemcn    of  ihe  Jury;— 

kTbc  l]  tat  I  had  been  suggested 

Mr^  L>;iiuiit:.  and  appointed  by  the  Court 

be  ocie  of  his  counsel,  I  felt  myself  under 

bt  tu '  J  lid*  so  unavoidable  when 

.*i.  *k^  V  fence  of  a  pri- 

I  li  been  always 

,.-.^.,.  v...«*  ;ur  a  number  of 

ive  as  far  as  in  my  power,  de- 

^  iht'  rniT^lovment. 

lArly  distressed 
I  useil  was  atrial 
^_itlt«*  Liw  ui  auoUicr  cuunlry,  with  which  I 
Bjielf,  havr  little  or  no  acquaintance.  It  was  a 

■^    1  I»l  or  ''^8  ^  ****^  '*'^*   ^"*  *"^" 

J  tc  .  -  o?  the  law  of  England, 

wbkL  I  am,  if  possible^  still  less  ac- 

iTC  pa         '  I  \  did  I  feelthesedi/riculties 
ufTji  \  whcx)  I  understood  that 

fi^"^:  '         :iashed  as  they 

!rUi'  Hies,  had  found 

-^*  ""'thercoua- 

ition  and 

__  ... ^ — ..,  „.    .Jerlogive 

»lAi»taJice  \u  the  conducUng  of  thei^e 

ciili<*in,      1  wbh  ll\at  the   situation  of 

Le  persons  whohavebecn  now 

I,  hul  brrn  cuch,  as  to  enable 

c  si- 

upoa 

f  lilUiir  Aide.     Uul    uiih;ijk|>slv,  liidi  vwi!*  far 

I  ihetr  rc:ich,  and   they  wrrri  obliged  to 

luen  whom 

ouMsel. 

«-!»■•  h  which  t 

L  aiyael  I  upon  my 

'  it'a  lo  shrink 

Ikw:  i   have  ii»' 

m  i '   I"  >  I  \ 

rta  axi 


ipkiaed 


'it  xiot  re* 

,i1<'r  lu   an 


-.d  it 
liour- 

"4^115;  iiiu^i^i^^^  4^i  aij  lU'ukj^'igiul  duty,  la 


A,  D.  nD4.  [122 

give  that  aid  to  persons  un'  ircura* 

stances;  and  it  was  from  tli'  rations 

that  I  yielded  to  ihe  solicitaliun^ot  Uie  prison- 
er at  tbe  bar,  and  agreed  to  assist  him  to  lliu 
best  of  my  power. 

If  any  ihmg  could  have  added  to  the  anx- 
iety of  my  ramd,  it  was  what  t  came  to  learn 
of  the  character  and  situation  of  this  poor 
man,  whom  1  never  had  seen,  nor  knew  any 
thing  about,  before  1  was  appointed  one  of  his 
counsuL  A  man,  advanced  in  years,  in  the 
decline  of  life,  with  old  age  coming  fast  upon 
him.  A  man,  in  a  creditable  situation,  and 
who  for  many  years  has  been  a  member  of  one 
of  the  most  respectable  incorporations  of  this 
city,  with  a  character  perfectly  unblemished 
and  unun peached.  Add  to  all  this,  his  hav- 
ing a  wife  and  lamdy  of  children;  and  I 
could  not  help  ihinkiug  strange,  nay  incredi- 
ble, that  a  person  of  such  a  description,  at  a 
|>criod  of  life  when  innovations  ajid  commo- 
tions wi:re  surely  no  object  to  him,  could  be 
guilty  of  high  treason,  and  enter  into  schemes 
for  the  overthrow  of  th  ;^  -  iment  under 

tijc  protection  of  whi<  ;   his  fasmly 

were  enjoyinfr  peace  aiw      -....^y. 

The  more  Uiat  thei?e  ihmgs  have  made  me 
believe  him  guiltless  of  any  such  wUd  and 
criminal  designs,  the  greater  has  my  desire 
become,  to  do  justice  to  his  defence;  and,  un- 
der all  this  anxiety,  I  much  fear,  my  inability 
to  discharge  my  duty  properly.  I  will,  how- 
ever, endeavour  to  do  my  utmost  i  and  as^  know 
the  justice  and  candour  of  the  Court  before 
which  i  have  the  lionour  to  plead,  so  I  know 
also  the  integrity,  the  attention,  and  the  hu- 
manity of  the  jury  whom  I  address,  and  that 
ihey  will  not  only  pardon,  but  amply  si^pply 
any  defects  of  mine. 

Gentlemen,  what  is  now  brought  before 
vou  is  a  charge  against  the  prisoner  at  the 
bar  for  Uie  crime  of  hieh  treason,  and  you  all 
know  that  it  is  by  the  Taw  of  England  he  \b 
to  be  tried.  At  the  time  of  the  treaty  of 
Union,  as  was  very  properly  staled  tliis  mor- 
ning by  fhc  lord  advocate,  it  wan  judged  ex- 
pedient, and  it  certainly  was  so,  that  with  re&t 
peel  to  a  crime  of  this  nature,  the  law  of  the 
two  countries  should  be  put  upon  tlie  same 
fuoting ;  and,  accordingly,  it  was  agreed  and 
determmed,  tbat  the  law  of  England  should^ 
as  to  treason,  be  made  th#  law  of  Scotland. 
In  consetjuence  of  this,  soon  alter  tbe  period 
of  the  Union,  an  act  of  parliament  w;is  passed 
in  the  7th  of  queen  Anne,  by  whicli  it  was 
pp.viHi  r7  tL  tr  Ti.  linii^  <  iiiTiing,  such  crimes 
aii  trcahon  or  mis- 

,,<  I  in  England,  shall 

irned,  adjudi;cd  tiud  taken  to  be  high  • 
1  .md  misprisiun  of  high  treason  witlim 
Scutjand.  \n  short,  the  law  of  treason  in 
Engluud  was  made  Ulc  law  which  lit  that  par* 
ticuTac  wa»  tfi  govcru  ikotiand  ia  time  to 
conte> 

r  , '        \  '  ilemcn,  i\         " 

a  iidcnce  iij 

ob  J  >  V  1  i  *yuii  Luc  dalUTQ  til  \Xyif>,  iiV 


v 


a  UuiiiW^J 


183J         34  GEORGE  III. 

Df  treason  in  England,  because,  as  I  have  a!* 
sady  said,  the  taw  of  England  is  what  I  am 
ery  little  acquainted  witn.  I  have  endca- 
ured,  however,  since  I  had  the  honour  of 
ibeing  appointed  counsel  in  this  case,  to  con- 
itder  ana  peruse,  with  all  the  alien tion  in  my 
K>wer,  the  books  of  the  law  of  England  with 
egard  to  treason ;  and  although  1  shall  not 
trouble  you  wilh  long  quotations,  nor  with 
reading  many  ptissagcs  from  diflerent  books,  I 
shall  t;ikc  the  liberty  of  stating  some  remarks 
wilh  respect  to  what  I  conceive  to  l)c  the  law 
of  treason,  as  Air  as  it  can  affect  the  case  now 
under  consideration. 

Gentlemen,  the  great  law  wilh  regard  lo 
bigb  treason  in  England,  is  the  well-known 
statute  of  the  '25th  of  Edward  3rd;  and  that 
act  of  parliament  w*as  passed  tor  the  very  pur- 
pose of  defining  and  rendering  the  nature  of 
the  crime  of  treason  precise  and  certain.  It 
is  mentioned  by  all  the  different  writers  upon 
the  law  of  Ei^glandt  that,  anterior  lo  the  pe- 
riod of  Edward  3rd,  the  law  respecting  treason 
had  been  so  tmscltled,  and  undefined,  tliat 
trequcntlv  crimes  of  a  much  lesser  degree  of 
guilt,  hatS,  notwithstanding,  been  accounted 
treason.  In  order  to  prevent  this,  the  statute  of 
Edwartl  3rd  was  passed,  proceeding  upon  a  pe- 
tition from  the  Lords  and  Commons,  the  mode 
in  which  acts  of  parliament  nin  at  that  period; 
and  llie  act  itself  declares  what  offences  shall 
in  time  coming  be  adjudged  treason. 

There  are  only  Iwo  branches  of  this  statute, 
which  it  is  in  any  degree  material  for  me  to 
bring  particularly  imder  your  view,  Tlie  first 
thing  that  it  declares  to  be  high  treason  is, 
the  compassing  or  imaginin*  the  death  of  the 
king.  The  statute  itself,  like  the  others  of 
that  period,  was  wTilten  in  the  French  lan- 
guage, and  the  words  arc  **  compaser,  ou 
ymagincf  la  mort  nostre  seigneur  le  roy/' 
It  is  perhaps  singular,  as  has  been  well  Vc- 
marked  by  an  ingenious  writer,  that  the  life 
of  every  British  subjert  prosecuted  by  the 
crown  for  treason  should  continue  to  depend 
upon  tlie  critical  construction  of  two  obsolete 
French  uonls. 

Another  species  of  treason  declared  in  this 
act  is>  the  levying  war  agamst  the  king ;  and 
the  sUitute  provides,  that  when  a  man  doth 
compnss  or  imagine  the  death  of  the  king,  or 
fioth  levy  war  against  the  king,  and  thereof 
ht  proveablementt  tlmt  is  upon  sufficient  proof 
attainted  of  open  deed,  he  shall  be  adjudged 
guilty  of  treason.  These  are  the  only  two 
sjtedes  ol  treason  to  which  I  fmd  it  at  all  ne- 
cesagry  to  call  your  attention «  Indeed  the 
♦  h. ..,  ;,  xhi\  upon  which  the  present 

>    n1i*crre,  that  the  very  dc- 

I  is  statute  was,  to  prevent 

.  :r>  to  what  was  trea- 

i^  in  time  coming 

was  to  be  adjudged 

Ji  the  statute  had  ac- 

fined  to  be  such*    A  nd 

::  :    Lj.(;ccdlxigly   £rt»m  those  who 


Trial  of  David  Dawnie 


[124 


think  that  it  was  meant  to  leave  lo  judi- 
cial power,  lo  enlarge  by  constniction,  what 
should  be  held  treason  j  for  1  take  it,  that  this 
is  directly  opposite  to  what  the  statute  had  in 
view.  It  explicitly  declares  and  specifies 
what  should  be  held  high  treason,  and  that 
nothing  else  should  be  considerea  as  such, 
and  it  very  anxiously  and  specially  provides, 
that  if  any  other  case,  supposed  treason, 
which  is  not  specified  in  the  act,  shall  happen 
to  occur,  the  judees  shall  not  hold  it  to  be 
treason,  till  the  kmgand  his  parhamtnt  shall 
declare  whether  it  ought  to  be  judged  treason 
or  other  felony.  Thus  careful  wab  the  legis- 
lature to  render  the  law  of  treason  fijied  and 
certain,  and  to  provide  that  it  should  only  be 
in  the  power  of  parliament  itself,  to  extend 
the  law,  and  bring  under  that  description,  any 
other  offence,  which  this  act  had  cot  declared 
to  be  such. 

In  the  weak  and  unfortunate  reigtt  of  his 
successor,  lUchard  2nd,  many  different  acts  of 
parliament  were  passed,  declaring  a  variety  of 
offences  to  be  treason,  which  were  not  such 
by  the  statute  of  Edward  3rd  ;  but  all  these 
were  repealed  and  taken  away  in  the  bcgi 
ningof  the  reign  of  Henry  "ith,  by  an 
which  set  forth,  that  no  man  knew  how 
behave  himself,  to  do,  speak,  or  say,  for  dotdil 
of  such  pains  of  treason:  and  therefore  de- 
clared, that  in  time  cominr,  nothing  should 
be  he!d  treason,  otherways  tlian  was  ordained, 
by  the  statute  of  Edw*ird  3rd.  Notwitljstand- 
in^  this,  it  so  happened,  that  in  succeeding 
arbitrary  and  tyrannical  reigns,  and  particu- 
larly in  that  of  Henry  8th  a  great  variety  of 
offences  were  most  improperly  declared  to  " 
treason,  although  they  could  not,  with  I 
least  shadow  of  reason,  come  under  that  de- 
nomination. But  all  these  were  soon  aftci 
completely  abrogated  by  the  statute  of  th< 
lit  of  queen  Mary,  which  again  brought  bad 
the  law  of  treason  to  the  footing  upon  which 
it  stood  by  the  35th  of  Edward  3rd. 

I  mention  these  things,  gentlemen,  in  order 
to  show  you,  that  the  great  object  of  the 
legislature'  has  always  been,  to  leave  as  htU^ 
as  possible  to  interpretation  and  constructioi 
ana  to  keep  as  defined  and  as  clear  as  niighl 
be,  what  should  be  held  high  treason ;  so  thai 
the  subject  might  have  a  certain  rule  whcrchj|^ 
to  square  his  actions,  and  to  protect  him  iwm' 
arbitrary  prosecutions  for  treason,  when  in 
fact  no  such  crime  had  been  rommitlcd. 

Posterior  to  the  act  of  queen  Mary,  which 
I  have  just  now  mentioned,  *>ome  new 
K»ns  were  created  by  statute,  but  they  hav| 
been  chiefly  of  a  lcmiK)rary  nature.     Ther 
were  some  in  the  rcigti  ol  Elizabeth,  and 

ill  tlif  rri'Ti   ttj' Cliiirlr^    V'lul    liHJ  \\it'\     v\\\Uv 


CUM  I  M  iti  the   \i\ui 

iriou  nd  I  hope  find 

trust  will  ii>n^  "vcr  Ihesi 

kmgdomii.    Ti  1  noi 

lude,  however,  du  uul  iu  the    least 


CSC 


Jhr  High  Treasojh 

loQcU  vSKOk  Uie  present  question ;  so  th^l,  in 
iImiI,  the  shj^]i'  and  onJy  statute  which  is  to 
icrenrtiri  ti^  nnd  explaining  what 

ia  lo  te  hi:i  L:ison,  is  that  of  the  25th 

Tlierc  U  a  ftCatule,  Indeed,  of  great  conse- 
ouciKc.  wh'  '  d  some  ye^s  after 

tMluspy  J  1G&8,  I  mean  the 

■ctof  Uw  r  Lii  ui  ^.v  iiuaiu  3rdr  for  regulating 
oi  Irtalfl  to  cases  of  treason. 

0eaide$  other  salutary  regulations  which 
Ite  ilalulc  iutrtxluced^  it  provided,  that  no 
feaoa  shodd  be  indicted,  tried,  or  attainted 
cf  tmaoOy  but  upon  the  oaths  of  two  lawful 
Wflaesses*  either  both  to  the  same  overt  act^ 
«r  ooe  of  then]  to  one,  and  another  to  another 
ctof  the  same  treason*  It  farther  pro- 
d,  Ihil  if  two  ur  more  distinct  treasons  of 
Hi  kinds  should  be  charged^  one  wit* 
aeift  lo  prore  one  of  them^  and  another  wit- 
wmmva  prov«  another  of  the  said  treasons, 
ibould  r  *  *"  'eld  two  witnesses  to  the  same 
txami  Ue  meannig  of  the  act    And 

A  dlkti  iMi  .  II  if  the  act  was,  that  no  evi- 
teee  «radl  I  :  '  r  i  :  tied  or  civen  of  any  overt 
act,  Ih^  wa^  uuX  i..\prcs6ly  laid  in  the  indict* 
metiL  These  are  some  of  the  important  re- 
pililion^  eatablished  by  this  excellent  statute; 
aod  them  will  be  occasion  for  you  to  give 
•Qoe  attention  to  them  tn  considering  the  evi- 
doKe  wiiich  has  been  adduced  against  the 
frmoftt  at  the  bar 

Bjfiiig  ihns  endeavoured  lo  give  vou  a 
ticw  df  the  statute  law  upon  this  subject,  I 
;  o&w  otxsene  to  you,  gentlemen,  that  the 
iodklmciit  cliargca  the  iirisoner  with 
Cbe  fint  ipecies  of  treason,  which  h  that  of 
CMfittioe  or  imagining  the  death  of  the 
Idi^  too  it  will  be  with  you  to  consider, 
vlNuer  the  overt  acts  that  are  laid,  amount 
UfkA  cnmt. 
If  ii  oat  indeed  pretended  by  the  prose - 
tii'it  lit  tAii  L'-slihliHli  agaui&t  the  pri* 
or  imagining  Uie 
4aih  M  ile  to  the  terras  of 

fbc  stAtAitc;  but  ywu  aic  told,  that  there  is 
hmmn  in  law,  wliat  is  called  constructive 
iM&iooi,  or,  in  other  words,  a  treason  not  to 
ie  jboad  m  fUe  l**U«*r  of  the  law,  but  raised 

'Ation.    Thus, 

IS  one  of  the 

Ml    III*    M  itstte  of  Edward 

conspiracy  to  levy  war, 

.11.     ".vied,   is  not;    and, 

conspiracy,  it  has 

i  not  falling  under 

the  first  branch  of 

A  or  imagining  the 

res  of  constructive 

iargcd  against 

L  to  construc- 

t  beg  leave  to 

it  i*  of  a  dan- 

.1  to 

ieast 

i.iivviiLiJjU.i.ilt'li,      As 


I  said  before,  I  shall  not  trouble  rou  with 
nuoting  many  itulliorilies,  but  I  must  take 
the  liberty  of  here  laying  before  you  a  single 
passage  from  a  most  respectable  author —  I 
mean  sir  Matthew  Hale,  lord  chief  justice  of 
England,  a  man  not  less  eminently  distin- 
guished for  his  high  integrity,  than  for  his 
great  abihty  and  knowledge  ot  the  law;  and 
m  his  history  of  his  pleas  of  the  Crown,  in 
speaking  of  constructive  treason,  he  uses  the 
following  words,  which  I  shall  beg  leave  to 
read  to  you. 

After  mentioning  tlie  great  mischiefs  that 
were  brought  in  bv  constructive  treason,  he 
says ; — "  Now  although  the  crime  of  hjffh 
treason,  is  the  greatest  cnmc  against  faith, 
duty,  and  human  society,  and  brings  with  it 
the  greatest  and  most  fatal  dangers  to  the 
govcrnrneut,  peace,  and  happiness  of  a  king- 
aoraj  or  state,  and  tlierefore  is  deservedly 
branded  with  the  highest  ignominy,  and  sub- 
jected to  the  greatest  penalties  that  the  law 
can  indict ;  yet  by  these  instances,  and  more 
of  ttiis  kind  that  uii^hl  be  given,  it  appears^ 
ist,  llow  necessary  it  was,  Oiat  there  snould 
be  some  fixed  ancf  settled  boundary  for  this 
great  crime  of  treason,  and  of  what  grreat  ini- 
portancc  the  statute  of  2ith  litl  ward  3rd  wan^ 
in  order  to  that  end.  2nd,  How  dangerous  it 
is  to  depart  from  the  letter  of  that  statute, 
and  to  multiply  and  enhance  crimes  into, 
treason  by  amoiguous  and  general  words,  as> 
accroeching  of  royal  power,  subverting  of 
fundamental  lawSj  and  the  like;  and,  3rd^ 
How  dangerous  it  is,  by  construction  and 
analogy  to  make  treasons,  where  the  letter  of 
the  law  has  not  done  it;  for  such  a  method 
admits  of  no  limits  or  bounds,  but  runs  as  far 
as  the  wit  and  invention  of  accusers,  and  the 
odiousncss  and  detestation  of  persons  accused^ 
will  carry  men.'* 

These  arc  the  sound  and  wholesome  admo- 
nitionsof  this  great  lawyer  and  judge,  who,  as 
you  see,  gentlemen,  from  tlic  passage  I  have 
now  read  to  you,  points  out,  in  strong  and 
forcible  terms,  the  unminent  mischiels  and 
dangers,  necessarily  resulting  from  the  loo 
reatOly  giving  way  to  treasons  by  coo* 
struction. 

But,  gentlemen,"  while  I  give  you  this  cau- 
tion, in  the  words  of  the  venerable  judgo 
whom  I  have  quoted,  I  am  not  upon  th 
account  to  say  to  you  that  in  the  law  of  En 
land  there  is  no  such  thing  as  constructive 
treason.  I  do  not  pretend  to  impose  upoa 
you  so  idle  a  doctrine  ;  for  I  mean  lo  be  can- 
did, and,  as  far  as  my  knowledge  will  enable 
me,  1  wish  to  state  lo  you  fairly,  what  I  con- 
ceive  to  be  the  true  principles  of  the  law. 
There  undoubledly  has  been  admitted  and 
sanctioned  by  law,  what  is  termed  construc- 
tive treason ;  and  accordingly,  a  conspiracy  to 
levy  war  against  tlic  king,  although  such  war 
not  being  actually  levied,  could  not  cocne 
under  that  article  of  the  statutti  of  lex^ying 
war,  has,  by  a  certain  construction  and  inter- 
pretation, been  hold  to  come  under  tjie  &st 


3^ 

^ngj^l 
:ti¥e™^ 


31  GEORGE  III. 

'"branch  of  the  act  of  cooipassing  and  imagin- 
ing the  <)calh  of  ihc  king. 
I      Hii»,    gentlfmen,  as  I  have    already    re- 
I  marked,  is  that  species  of  constructive  Irca- 
I  BQO^  of  which  the  prisoner  is  here  accused. 
He  is  not  charged  with  any  direct  aticmpt  to 
I  imaeine  or  bring  about  30  horrid  a  purpose ; 
but  ne  is  chargen  with  what,  it  is  $aia  is  to  be 
r  construed  a  compassing  or  imagining  of  the 
I  king's  death.     It  rests  upon  this,  that  there  is 
saia  to  have  been  here  a  conspiracy  to  levy 
war,   against  the    king.    If  war  had    been 
actually  levied  it  miglit  perhaps  have  araounl- 
ed  to  direct  treason,  under  the  second  branch 
;  of  the  statute  of  Edward  3rd;  but  it  being 
only  charged  as  a  conspiracy,  or,  in  other 
Iword^,  a  mere  design  and  inteniion  never 
I  carried  into  effect,  so  the  aim  of  this  prosecu* 
ftion  is  to  lead  you  to  believe,  that  it  is  by 
f  construction,  that  species  of  the  crime  which 
lb  described  to  be  the  compassing  and  imagm« 
jiiig  the  death  of  the  king, 
f     Upon  this   construction,  a  conspiracy  to 
jlcvy  war  against  the  king^  i*?  supposed  and 
understood    to    be    immediately  tending  to 
the  compassing  or  imagining  his  drath,'  bc- 
I  cause  it  is  a  conspiracy  to  do  that,  which  may 
I  necessarily   and    unavoidably    involve    the 
kiftfety  of  the  kinj^'s  person,  or'even  his  sacred 
[life.    Now,  I  admit  that  a  conspiracy  to  levy 
Iwar,  taken  in  the  sense  in  whicn  I  have  now 
Pitat^  It.  may  be  held  a  compassing  or  ima- 
gining the  death  of  the  king,  so  as  to  bring  it 
I  to  be  treason  under  the  first  branch  of  the 
Irtatnte.    But,  gentlemen,  I  do  beg  leave  to 
laay,  and  I  do  not,  in  my  humble  conception, 
hhink  that  I  speak  it  without  authority,  that 
I  there  is  here  a  very  great  and  important  dis- 
Itinction  to  be  made,  highly  meriting  your  con- 
lideration. 

If  the  conspiracy  to  levy  war  be  in  itself  of 
I  such  a  nature,  thai  the  object  of  it  is,  direclly 
land  immediately,  towards  the  person  of  the 
|lcing,  then  I  will  readily  admit,  that  agreeable 
"">  the  received  constniclion  of  •*'  '^'",  itis 
I  be  held  a  compassing  or  ;  the 

cath  of  the  king,  and  may  . .  .^  -ic  be 
lllrought  under  the  ftrst  branch  of  the  statute 
^Of  treasons;  but  wliilc  I  admit  this,  I  must  at 
the  same  time  lake  the  liberty  of  saying,  that, 
wHh  regard  to  conspiracies  to  levy  war,  there 
is  a  necessity  for  distingiiishing,  and  for  view- 
ing the  king  in  two  different  characters  and 
capacities. 

In  the  first  place,  the  king  is  to  be  con  si- 
dered,        :  V     -      '  :  "     '     ^     • 

hisg. 

'  ivcd. 

^  I  of 

di- 


Trial  of  David  Dotvnie 


[196 


as  compassing  and  imagining  the  death  of  the 
kiuK,  undc:r  the  tirst  branch  of  the  statute  of 
25th  of  Edward  3rd, 

Bul^  in  the  second  plarc,  gentlemen,  there 
is  another  and  a  very  different  character  ill 
which  the  king  is  to  be  considered,  and 
which  arises  from  his  being  that  part  ot 
branch  of  that  constitution,  to  which  the  ex» 
ecutive  power  of  the  state  is  entrusted.  This 
has  been  justly  termed  the  royal  capacity,  or  the 
majesty  of  the  crown,  as  contradistinguished 
from  the  royal  person  of  the  king.  It  is,  in  short, 
the  authority  of  the  king  in  rx'^'^"""-  ?lm 
Jaws,  and  it  runs  through,  and  pt  1  ry 

branch,  and  every  gr*xdatiou  of  th _...;ve 

government,  froni  the  very  highest,  to  the 
lowest  and  most  inconsidcrriblc-  In  this  view, 
even  actual  resistance  to  the  royal  autliority, 
and,  sldl  more,  the  intention  or  dc5i;rn  to 
resist  it,  is  considered  in  a  very  di ^  1  I  it^ 

and  as  an  offence  of  an  infinitely  c, 

than  where  it  is  more  directly  a  conipuacy  to 
levy  war  against  the  king,  immediately  id 
affect  his  royal  person. 

There  is  no  occasion  for  our  here  entcrifltf 
into  any  discussion  respecting  th-  ^  ^  oT 
criminaUty  that  may  altacii  to  ;l  st- 

ance in  different  cirf^-^*'"^^^  '  .« 

rity^j  but  what  1 1  13 

whii'h  T  riTiiP'it  \    ,..  „_L...  '  li 

in  re  war  act  I  ji< 

be  ;  -I  a  mere  1  jii- 

sptnxcy  to  icvy  sucli  war,  does  not  involve  ihc 
«  rime  of  cuTnr;is>ing  or  imagining  the  death' 
of  the  1  H  the  commotion  or  insur- 

rection id,    be    snrh  as  is  aime^ 

against  ^    and    not 

merely  .al  cupacilj- 

If  t'  'id,  or  war 

act  slaUUc  of 

Edw.ini    ..lu  11.    but    if  It  hif 

merely  a  coii  m  insurrection, 

or  a  purpose  v»  ^Mt  ijnuw  ^u  levy  war,  in  order 
to  resist  some  branch  of  the  executive  aii^ 
thority  of  the  state,  or  some  o(Ut*r  nf  tKe' 
crown,  I  will  be  bold  to  say,  that  1- 

spirarv-  a  1  ri  mere  intention  to  It  \^  .    ^as 

not  1  or  understood  to  constitute  the 

crin  i  treason. 

Nuw,  gentlemen,  that  I  may  not  be  $up> 
posed  to  lay  down  this  doctrine  without  au-^ 
thority^  I  must  be  pardoned  for  bringing  under 
your  view,  what  is  stated  by  two  vciy  disLio- 
guiiti  '  '  /ment  lawyers^  who  have 
trt:  cl. 


Ih:- 
mti 
ag,'i 


y  Mr.  Ju-i 

;v_it   Pvfr\ 


W 

d 

10 
er. 


levy  wax,  may  be  justly  dv 


txea^u. 


ity  to  It'  ^  these 

not    tn  Ml    the 

ft  act 

ug  th^ 

king  &  dg^lh,  because  thc»c;  purpuM^s  cannot 


jll,^^^^ 


199] 


Jitr  High  Trmmn. 


A.  D.  179*. 


[li 


Uc  crflfccteil  by  mimbets  and  open  force  with* 
out  manifest  danger  to  his  person. 

Alter  staling  this,  he  in  the  next  section 
proceeds  and  says,    "  Ifisurreclions  in  order 
to  throw  down  all  inclosnres»  lo  ulter  the  es- 
tablished law,  or  change  rehgioa  *  to  enhance 
the  price  of  all  labour ;  or  lo  open  all  prisons ; 
all  nstnj^s  in  order  to  effect  these  innova- 
tions, Ota  public  and  general  concern,  by  nn 
anned  force,  are,  in  cons^t ruction  of  \%^'^  hi^h 
j       twason  wiJhin  the  clause  of   Icvyinj:;   war. 
For,  though  they  are  not  levelled  \\X  the  per- 
son of  the  kinir,  they  are  against  his  royal 
niitiesty.    And  beside?,  Ihcy  haveadirect  ten- 
dejjty  to  dissolve  all  the  bonds  of  society,  and 
to  dealroy  ah  property,  and  all  government 
loo,  by  numbers  and  an  armed  force.     Imur- 
rcctions,    likewise,    for    redressing    national 
grievances,  or  for  the  expulsion  of  foreigners 
I       in  general,  or  indeed  of  any  single  nation 
I       living  hete  under  the  protection  of  the  king, 
(       or  for  the  reformation  of  real  or  imajrinar}' 
I       eviJs  of  a  public  nature,  and  in  which  the  in- 
I       surgents  have  no  special  interest^- risings  to 
j       effect  these  ends,  by  force  and  numbers,  are, 
I       by  construction  of  law,  wifljin  the  clauhc  of 
levying  war.     For  they  are  levelled  at  the 
king*s  crown  and  royal  dignity/' 

Tlien  he  goes  on,  in  the  next  section  of  his 

treatise,  lo  mention  a  rising  in  tiie  iOth  of 

Charles  tst,  which  was  in  order  lo  surprise 

^       and  seize  arelibishop  Liud ;  and  afier  explain- 

ins  the  circumstances  of  that  case,  he  m  tJie 

I       following  section  says;    *'  Dut  a  bare  conspi- 

L  ^1^  **>r  ctfeciing  a  rising  for  the  purposes 

L^^tfutioued    in  the    two   preceding    sections 

^^BeS  in  the  next,  is  not  an  overt  act  of  com- 

^^Pl^siug  the  king*s  death;  nor  will  it  come 

^tnider  any  species  of  treason  within  the  ^5th 

Edward  ard,  unless   the   rising  be   effected. 

I       Aod^  in  that  case,  the  conspirators,  as  well  as 

the  actors,  will  all  be  equally  puihy.     For,  in 

high  treason  of  all  kinds,  all  the  participts 

\       cnminii  are  principals/' 

l|  **  It  must  be  atiuiittcd  that  conspiracies  for 

these  purposes  have  been  adjudged  ireason. 

But  thoj^c judgments  were  fonndeJ  on  the  tem- 

p^mLry  act  of  13lh  FJizabctli,   which   made 

comp&ssing  to  levy  war,  declared  bv  printing, 

writing  or  advised   speaking,  higL  treason, 

diirinc  the  hfe  of  the  Queen, 

**  liicrc  was  an  act  in  the  13th  Charles  Snd 
to  the  same  purpose,  on  which  some  prose- 
cutions were  founded  ;  hut  that  act  expi'cd 
with  the  death  of  the  king/' 

You  sec  liere,  gentlenieij,  this  learned  aiid 
respectable  judge,  a  man  of  great  eminence 
and  character,  laying  down,  in  clear  and  ex- 
plicit term?',  the  very  distmction  which  I  have 
taken  the  liberty  of  maintaining*  It  is  tlie 
distinction  between  a  conspiracy  to  levy  war 
I  aimed  at  the  royal  person  of  the  king,  and  a 
conspiracy  tu  effectuate  a  rising  for  the  pur* 
^^wi«e  of  redressing  some  grievance,  whether 
M^mI  or  supposed,  or  of  whatever  nature  it  may 
H^^  In  short,  every  conspiracy,  which,  if  car- 
'  fted  into  effect,  would  aeccasarilv  expose  tlie 
VOL.  X.MV. 


L 


pcrion  of  the  king  lo  danger,  may  be  held 
treason.  But  it  is  admitted  by  every  lawyer  J 
who  has  treated  of  the  subject,  that  levying 
war  is  of  two  kind^  ;  the  one  is  against  the 
person  of  the  king,  and  even  to  consnire  ibis^^ 
ahhough  such  war  be  not  aelually  levied,  ii 
yet  treason.  Another  kind,  however, 
against  what  is  called  the  majesty  of  the  king^ 
or  against  him  in  his  regal  capacity  :  and  iiii 
u) ere  conspiracy  to  levy  this,  if  nut  artutilf 
levied,  is  not  treason,  because  it  cannot  hi 
con%tnJCtion  come  up  to  be  a  compassing  < 
ima^^ining  the  death  of  I  he  king,  so  as  to  fall 
under  the  slfitule  of  Edward  3rd. 

This,  gentlemen,  is  a  point  of  the  titmosi 
impurtiiuce,  and  it  uiay  be  an  arduous  matte 
indeed  to  say  wiicrc  the  line  is  to  be  {Irawn,  if 
you  do  not  tix  it  in  the  very  way  that  is  tio 
by  the  learned  judge,  whose  words  I  hiivi 
just  now  read  to  you.     If  any  farther  lalilud 
is  to  be  admitted,  I  do  not  know  what  tlicr 
is,  that  may  not  be  construed  into  a  conspii 
racy  to  levy  war,  so  as  by  forced  nnplicatioit 
lo   be  held  a  compasMug  or  imagining  tha 
death  of  the  king*    An  intention  or  design  I 
resist  or  obstruct  any  one  branch  of  the  civii 
authority,  or   executive  power  of  the   statCj^ 
may  be  said  to  have  a  more  or  less  immediate 
tendency  in  its  consequences  to  endanger  thfl 
person  of  the  sovereign,  and  in  that  way,  by 
very  strained  construction,  may  be  accounte 
a  compassing  tlie  death  of  the  king. 

It  is  fearful  even  to  figure  the  dangers  and 
mighty  evils  to  wtnch  tliis  might  lead.     If  wi 
do  not  draw  a  clear  hue,  there  is  no  saving 
how  far  it  will  reach ;  and  this  may   call 
your  mind,  the  wise  admonition  1  read  to  you 
from  lord  Ilale.     **  How  necessary  it  is,  tha 
there   should     be    some    fixed    and    sctlled 
boundary   fur    this  great   crime  ot    treasons 
and  how  dangerous  it  is,  by  construclion  and 
analogj%  to  make  trea>*ons,  where  llie  leltef 
of  the  law  has  not  done  il ;  fur  such  a  mrthoAl 
ad  mi  Is  of  no  linyts  or  bounds,  but  nms  as  faftj 
as  the  wit  and  inveuliun  of  accusers,  and  ihs 
odiousness  and  delestalion  of  persons  accused] 
will  carry  men," 

Besides  what!  have  read  to  you  from  Mr,* 
Justice   Foster,  there  is  on©  other  authorityl 
which  1  must  beg  leave  to  state,  and  it  is  that] 
of  another    very    eminent    and    respectable] 
judge,  1  mean  sir  Jolui   Holt,  w!io  was  lord  1 
chief  justice  of  the  court  of  Kind's- bench  iaj 
England,  durin-j;  ihe  reign  of  kuig  Willium. 
lie  presided  at  the  trials  of  several  diftercnt 
persons  who   were  accui«d  of  the  crune  oC 
high    treason    after    the    Revolution;    and^j 
amongst  olbcrs,  in  lite  case  of  sir  John  Friemr 
who  was  tritd  for  beinj^  concerned  in  a  coti* 
spirttcy  against  llie 
I  Vc  tender. 

In  that  case,  when  summing  up  the  evi- 
dence lo  the  jury,  lord  chief  justice  Holt  layi 
down  the  law  in\he  folio  wing  words  :  *•  Then 
there  is  another  thing  that  sir  Jolm  Friend 
did  insist  upoii,  and  that  is  matter  of  law: 
The  stiitule  of  26th  Edward  Srd*  was  read^  { 

K 


kujg,  and  lo  restore  tho'j 


131] 


U  GEORGE  UL 


whitih  is  the  greii  statute  about  treasoDS ;  and 

^thgt  docs  contain  divers  species  €>!'  ireaaoa, 

1  declares,  what  ^hall  be  treason.     One 

on  is,  ihe  compassing  and  imigining  the 

^dftth  of  the  king ;  another  is  the  levying  war  i 

[_^ow»  says  be,  here  h  no  war  actually  levied  ; 

la  hare  conspiracy  or  design  to  levy  war, 

I  not  come  within  this  law  ao;ainst  treason. 

Qfow,  for  Ihal^  T  must  letl  you,  it' there  be  only 

» a  conspiracy  lo  levy  war,  it  is  not  treason, 

I  Bui  it'  the  design  and  conspiracy  be  either  to 

kitl  the  kin^,  or  to  depose  him,  or  imprison* 

>  or  put  any  force  or  reslrainl  upon  him,  and 

the  way  and  method  ofeflecting  of  these,  is 

LbjT  lcv\nvf  ii  vvAr ;  there  the  consultation  and 

to  levy  a  war  for  ll^at  purpose, 

I  btg  I ,  though  no  war  be  levied ;  for 

Buch  coimuitition  and  conspiracy  m  an  overt 

^  act,  provmg  the  compassing  the  death  of  the 

\  king,  which  is  the  iir*t  treason  mentioned  in 

I  Uic  stitulc  of  the  25lb  of  Edward  the  3rd.  For 

)  the  wonU  of  that  statute  are,  that  if  any  man 

shall  compass  or  imagine  the  death  of  the 

king.   Now,  because  a  man  designs  the  death, 

deposition,  or  deKtructioo  of  the  king,  and  lo 

h  that  ileaign,  agrees  and  r         ''    -ij  fevy  war, 

'Snd  tins  f^bould  not  be  ti  >n  if  a  war 

be  not  actually  levied,  is  v i  > ,  ^ .    ., ^c  doctrine, 

and  the  contrary  has  aKvav«»  been  tield  to  he 

Jaw.    There  may  a  war  be  levied  with^mi  rmv 

design  upon  the  kin«*s  nerson,  or  c : 

of  il,  which  if  actually  leviH  is  hip  ; 

but  a  bare  designing  to  levy  war,  without 

morc^  will  not  be  treason;  as,  for  example,  if 

persons  doasscmble  themselves,  and  act  with 

Ibrr*'  in  opposition  to  some  law  which  they 

think  inconvenient,  and  hope  thereby  to  get 

it  repealed,  this  is  levying  a  war  and  treason, 

t  though  purposing  and  i}y-  <»t  so  ; 

'  when  iiiey  endeavour,  in  ,  with 

force  to  make  some  reforiii.i.uuii  ui  uivir  own 

bea<Is*  without  pursuing  the  methods  of  the 

law,  that  is  a  levying  of  war,  and  treason; 

but    the    purposing   and    designing    it,   is 

uol  so."* 

In  this  clear  and  per?»picuous  manner  is  the 
law  laid  dywn  by  tin 'ilea  rued  judge.  It  would 
be  easy  for  mc  lo  produce  lo  you  variouia 
ether  authorities  to  the  same  purpose,  from 
tho*c  who  have  treated  uf  the  criminal  law  of 
England;  but  I  am  unwdling  lo  detain  you. 
I  have  read  lo  you  the  words  of  lord  chi«if 
justice  Hult,  who  presided  in  the  various  iriak 
for  high  treason,  after  lh«   "       '  "  l' 

and  I  have  read  to  you  tS. 
roster,  who  *at  as  judge*  in  mi  n  f^.^  irn  iir  i- 
aou  ader  the  rcbelliou  1715,  and   from  thai 
circii"i->-'"'"  frjd  hisattrti^i""  ^^>  rv,Mi...j,..i, 
«allr  anchofii 

r  lie  ti'  wrote  a  vu 

lent  trcaiisi.  upon  the  sulijcct.     A' 
mea,  you  fmd  ttu  ^    di  tiiiiiiishci 

judgtis  In  very  <i»>Unclion 

flich  i  aui  Ling  your  ullen- 

•  Soc  Sir  John  Frieiid  »  case,  Voh  13,  p.  01, 

oftbt5C:olkctioti. 


Trial  of  Da^Jkfwnie 

tion  ;  and  which  i^,  that  where  the  war  to  b« 
Icvyed,  is  aimed  directly  ugainst  the  person  ot* 
the  king,  in  order  Id  dethrone,  or  to  depoitfe 
him,  then  a  contpicacy  to  levy  such  a  war^ 
is  treason ;  but  where  the  pur|)ose  it  merely 
to  make  some  reformation  with  force  and 
numbers,  without  pursuing  the  methods  uf 
the  law,  there,  although  the  actual  levying 
sucli  war  is  treason,  yet  a  conspiracy  lo  do  !»o, 
or,  in  other  wordi,  the  purposing  and  de^^tgu* 
ing  tt,  is  not  so. 

After  having  thus  endeavoured  to  convey 
to  you  a  clear  idea  of  the  important  distinction 
wmch  I  have  been  here  explaining,  I  must 
now  beg  leave,  gentlemenj  lo  call  your  atten- 
tion to  another  principle  regarding  the  law  of 
treason;  and  it  is  a  principle  the  more 
strongly  demanding  your  consideration,  be- 
cause 1  conceive  it  to  be  of  great  moment  in 
the  present  case. 

In  other  crimes,  a  design  to  commit  the 
crime,  an  intention  or  purpose  of  the  mind  to 
perpetcate  it,  or  even  some  step  taken  towants 
the  commission  of  it,  does  not  con?»tttute  the 
crime  itself.  An  intention  to  commit  theft 
or  murder,  Ijowcvcr  it  may  mark  the  guilt  of 
the  mind,  yet  while  remaining  a  bare  intention 
it  is  not  viewed  m  the  same  light,  nor  draws 
aAer  it  the  pmjishment  of  the  law,  a^iftbc 
guilty  purpose  had  been  carried  into  efl'ecl, 
and  the  crime  actually  committed. 

In  the  crime  of  high  treason,  however,  the 
case  ib  dxii'creut ;  and  there  the  mlc  isi,  Voiuntut 
reputatur  pro  facto.  In  treason,  the  circum* 
staitce  to  be  regarded  is,  tlie  intention  of  the 
mind.  It  is  the  purpose  and  debign ;  or,  in 
other  words,  it  ts  the  ^Ity  heart,  that  is  in 
tins  crime  the  object  of  pimishmcnt.  Accor- 
dingly, it  is  the  tmitorously  compassjing  and 
imagining,  tlial  constitutes  the  oti'ent*^,  and 
the  overt  acts  are  only  viewed  as  tlie  evidence 
of  the  traitorous  intention. 

So  clearly  is  this  the  principle  of  the  law, 
that  if  a  person  was  to  put  lo  death  the  kin^y 
tlie  indictment  against  him  would  be  laid, 
not  lor  committing  that  most  atrocious  act, 
hut  it  vvtuld  hv  laid  aLMin>l  Vara  fur  coropas^ 
sin'  riig;  aind 

tli«  rtt  act 

to  pruvtd  tlie  cumpuHbiu^^kMJ  itua:  it. 

rVltcr    the   rcsiorution,    when  tli  .^^^ 

came  Vj   be   tried    for    the   murdtir  ol   k 
(!haries  1st,  ihe  indirimrtiiwas  not  luidt  « 

n4 
n  iif    fi'^.iiii   ill    iiH.     Kingf    ;*rm   thc 

h<  Its  head  was  laid  as  one  of  Uie 

!l  siat«:d  by  Mr.  Justice  Foster, 

s  **  Mir  II.  riMinc  ni  musicbariBO 
rly  eOQi^ia 
tanddbarta 
the  srv  11  ployed 

by  tJR  iitocttua 

pi<  >sVd«n!d 

fiv  fueaoa 

made  UK;  ol  to  c 


] 


laaj 


for  High  Treason, 


bttft.    And^  therefor^ 

rektiies^  the  indictmetjt 

iuT  traitorously  compaas 

[  iiMirrr  '  h  oi  tlie  king.    And  tlie 

ing  gflbi^  Ueay  waa  laid,  among  others,  as 

l«i«rt  aet  of  cooapaaaing:   And  the  person 

was  sufiposed  to  have  given  tbe  f^troke^ 

I  comricteo  CMi  the  aanw  indictment.'' 

I  a  Itille  afterwards,  be  adds,  **  The  star 
tnfUmtam  biiUi  with  great  proprk^y  re- 
ihm  mle^  VoluniaJt  pro  facto.  Itconsi- 
Ibe  wkked  imaginatians  of  the  heart 
iilbe  dama  ilegrce  olguiit,  as  if  carried  into 
MtoaJ  execution^  from  the  moment  measures 
to  have  been  token  to  render  them 


la  llie  crtma  of  tre^on,  therefore^  the  law 
fanideffaaiid  looks  to  th«  \»tcked  imaginations 
alllia  faattrt;  mid  tlie  overt  acts  are  onJy  the 
asJind  evidtixt;  ol'llie  Iniiturous  pur- 
From  this  it  necessarily  lo]li>u-4,  and  it 
ygaalkmeOy  V  iilar  attention, 

laal  lo  logr  ebafgo  t  ^i^on,  and  in 

tag  tlia overt  ^.^^p  .i.ij,  and  the  proof 
L  ill  supfmrt  of  tliem,  the  ^reat  and  inv 
ot^iact  must  be,  to  weigh,  with  the 
■I  caiilioitd  deliberation,  the  nature  o(  the 
t  and  iuilLir  Ih-w  (ai  Uk*t  are  sneh  as 
canj  a  cujx  of  a.  Jury,  of 

thiwkk4Nl  .  *'se  in  thcpcr- 

iiqM^^UMdifii  iOinp^nMUgaud  imagining  the 
teUmf  the  king. 

GcntJrmen,  1  mu.^t  entreat  your  attention 

ta  lina«  for  it  is  of  |;Tc;it  importance.     You  see 

Ihm  ptmcifik  o(  the  law  i»,  ti)»t  it  is  li)e  trai- 

ptarfKite   of  the  mind,  which  ubnc 

Umi  offooee*     1  lie  overt  acts  are 

I  |;>roofsof  that  Iraitoroiia  ptir- 

^ibL  Itertfore,  ♦**    '^•"_'  to  he  consi^ 

I  y^  M  ttature,  t  1 1 ,  and  import 

ov«it  acts;  anu    „,,,.., vT  they  uitord 

and  convincing  proof,  that    tliey 

lcu>nori)v  hint  r»rucccfled,  from  the 

ai^l  M>n  of  compassing 

jiumi  «  the  king. 

Ill  lite  |irc»e&t  eadc,  l^te  tpedes  of  treason 

dMBfid  1A»  tba  cofupassfii?  and  imagining  the 

itttS  or      " 


oClbe  kingf  an 
bo  ^njch^HJ^  ti 


ipr. 


ti  an  olff  f  i 
Hia 


're,  the  overt 

to  prove  that 

11  Ue  of  no  sort  of 

r  as  it  can  connect 

:  ■    >>irg  Jtnd 

to  any 

,  v.*  ....  avail.     It 

">ie,  or  mav  anxntnt 

:  kind  ;  but  where 


,  m  iupport  of  an  mdiclmcnt  fur  rom- 
_  and  itnatritunj,  it   iim^t   luvtrv^arily 
i|i|i3r  19  that,   '  'is  can   be  of  uu 

'i|  in  proof'  i;o.     In  short,  the 

ptjrpowr  I  irt  constitutes  tht^ 

and  a  j  i   be   !*ure    of  thai 

purpose  m  lliC  pu>un  accursed,  befuie 

^UlfeoOfh  .  that,  in 

mkn  cnm*  i  ^i  ilic 

aifti diica net  cpniuiutc  ;  'that 


A.D.  1794.  [131 

it  is  requisite  the  intention  be  actually  i:arried 
into  ctiect,  yet  1  niU5»l  at  the  same  time  ob* 
«erve,that  in  ail  crimes  whatever,  the  greater 
or  lesser  degree  of  guilt  in  tlie  mind,  ei^sen- 
lially  varies,  and  changes  the  extent  of  ihe  ot- 
Ituce.  '1  bus,  in  iKJniicide,  it  totally  depends 
upuu  the  intention  of  the  heart,  whether  ii  is 
to  be  decnjed  any  crime  at  all ;  or,  if  a  crime, 
then  of  what  nature  Uiat  crime  is.  The  effect 
ia  the  same,  for  the  man  is  killed ;  but  the 
person  who  killed  him,  m  "v  ht'  amity  or  inno- 
cent, according  to  circu  If  he  1ms 
killed  him  by  mnocent  r,  ,  or  in  ne* 
cessary  self  defence,  he  is  guilty  of  no  crime* 
If  he  has  killed  him  only  upon  pmvocahon, 
and  in  sudden  passion,  he  is  gudly  only  of 
manslaughter.  If  be  has  killed  i«m  of  design 
and  from  nrdVice  prepcmct  cs  malliia  pn^^o^i^- 
idia^  it  is  the  atrocious  crime  of  foul  and  de- 
liberate murder.  The  whole  colour  and  conv 
plexion  of  the  ofteuce,  in  sljorl,  shifH  and  va- 
ries acconiing  to  the  degree  of  guilt  m  the 
heait,  from  which  it  proceeds. 

In  treason,  however,  as  I  have  already 
shown  you,  the  very  essence  of  the  cnnie  hes 
wholly  in  the  wicked  purpose  or  intention. 
It  is  not  necessary,  as  in  other  crimes,  that 
the  purpose  be  carried  into  effect,  but  tlie 
very  heart  is  to  be  looked  into,  and  if  the  de- 
liberate and  wicked  purpose  is  found  there,  it 
b  the  crime  of  treason.  The  law  requires,  ifK 
deed,  that  the  traitorous  purpose  must  be  ma- 
nifestcfi  proTjeubiement  by  open  deed  j  that  is 
to  say,  by  overt  acts  sufficiently  proved;  hut 
as  it  is  the  crimmal  purpose  thai  is  the  object 
of  punishment,  so  the  overt  acts  are  onty  the 
manifestation  of  the  traitorous  intention,  and 
arc  not  to  be  regarded  nor  held  of  any  weight, 
excepting  in  so  tar  as  they  amount,  to  clear 
manifest  andunequivucal  proofs,  of  the  wicked 
purpose  of  compassing  and  imagining  the 
death  of  the  km^. 

My  lord  thiefjustice  Coke,  in  the  3rd  part 
of  his  Institutes,  where  he  treats  of  the  crime 
of  high  treason,  frequently  repeals  the  maxitn, 
Actui  non  jAcU  reum  nisi  mciu  $U  rea.  His 
not  the  deed  that  makes  the  guilt;  but  it  is 
the  guilty  mind  that  conili lutes  the  crmi 
You  are  to  look,  therefore,  gcnt)puien,  tu  tf 
intentions  and  imaginations  of  the  heait.  You 
are  to  consider  the  overt  acts  only  in  so  far  a.** 
they  may  manifest  the  witkcd  intention.  Vou 
are'scrupulously  to  weigh  the  overt  act^,  and 
consider  whether  they  alFord  proof  of  that 
wicked,  dehberale,  and  ma  lit  louH  purpose  of 
the  heart,  and  whether  they  carry  home  to 
your  own  minds  and  consciences  a  clear  am* 
full  conviction  of  the  compa5*singandimajgii> 
in^  the  death  of  the  king,  wiiich  is  tlie  crir- 
charged  in  this  indictment. 

GtQtIcmeo,  I  have  dwelt  the  longer  upon 
this  and  have  cnfurcr<l  the  more  larnes^Uy 
the  principles  I  hii\  ',  beciiusc  I  lliini 

they  are  peculiarly  '  to  a  c:isc  sin 

as  the  prcscnL     In  wri^    Muiiitrneiu  wher 
the  fpccies  of  treason  cliargcd  is  the  conW| 
passiuig  or  nuagiaing  the  dc^ilh  of  the  kr 


135] 


S4  GEORGE  III. 


Trial  1^  David  Dawnle 


[136 


Ihe  overt  acts  la'id^  must  be  such  as  clt^arly 
prove  and  raanifesl  that  tmilorous  purpose. 
This,  as  your  own  ^oud  svciise  will  at  once  sug- 
\  5l  to  youj  must  be  a  very  nice  and  dellculc 
aattcr.  Hard  it  is,  to  dive  into  the  recesses  i 
pf  the  human  heart;  and  yel,  lUi  yon  do  this, 
ftnd  see  it  in  the  cleare&t  and  futlekl  ii^htf  you 
fcre  not,  as  men  of  honour  and  integrity,  enti- 
ced to  conclude,  that  guilt  is  proved,  nor  to 
t>u.sign  your  fellow  citizen  to  that  puniUinient 
Bfhitli  is'due  to  xhtwr  only  who  are  truly  guihy  | 
Df  the  crime  thui  is  churG;cd.  \ 

And  this  lcad5,  gentlemen,  to  a  considera- 
Liou  %vhit  h  I  di'em  of  great  importance,  and 
^viuch  regards  the  nature  of  overt  acts,  as  re- 
Duisitc  to  support  an  indictment,  where  the 
^arge  is,  the  compassing  or  koagining  the 
death  of  the  king. 

There  may  occur  certain  times  and  situa- 
|ions,  where  circumstances,  which  in  them- 
Lielvcs  arc  ,secmingly  very   f»bght,  may   yet  \ 
iju&tly  be  held  ^ucli  overt  acts,  as  clciirly  and 
I'Conclusively  to  prove  and   demonstrate  the 
]  traitorous  purpose      But  whdc,  as  I  .^hall  iuv  i 
t»lMediiUcly  show,  this  not  only  may  br,  but  at  ! 
hCertain  periods  actually  has  been  the  case;  \ 
►.yet,  upon  the  other  hand,  there  may  full  as  \ 
kcertainly    exist    periods    and     conjunctures, 
Inhere  it  would  be  dangerous  and  perilous  in 
the  extreme,  from  any  ci re um stances  or  any 
^overt  acts,  other  than  those  of  the  most  infaU 
rlibie  atid  vn^ambiguons  kind,  to  form  the  con- 
^clusion  of  guilt. 

I  think  1  may  well  and  successfully  illus- 

.Irate  this,  by  l»iking  a  very  short  review  of 

I  tiie  trials  for  higti  treason,  since  the  glorious 

ijraof  the  Itevolutiou  in  IflBB.     After  king 

>V  illiiim  usctuded  tlic  throne,  and  during  his 

jreigri,  repealed  attempts  were  made  to  over* 

turn  the  govern  mint,  and  there  wexe  even 

•some  conspiracies  fur  the  assassination  of  the 

king,     Ju  like   manner,  afier  the  illustrious 

, Louse  of  Hano\'cr  wu**  happily  seated  on  the 

/throne^  diflferent  cd'urts  were  m;ide  by  the  ex- 

,  iled  family  and  their  friends,  to  excite  rcbeU 

k  lion,  and  restore  the  house  of  Sluuri.    This 

produced,  fust,  the  rebellion  171  A,  soon  after 

the  accessioi|  of  George   Isl^  and  atlerwards 

the  rcbdli^   1745,  during  the  reign  of  his 

Jatc  uiiijesty,  king  George  2nd. 

Almost  the  whole  cases  that  have  occurred 
of  trials  for  liigh  treason  since  the  year  l(JB8, 
have  arisen  from  themanv  repeitteu^hut  most 
fortunately  unsuccessful  endeavours  of  the 
exiled  family  to  recover  the  throne,  in  these 
triitls,  much  arLMinw  ni  .tul  Jlsru.-tun  seem  to 
have  tj,krn  pi  i  tt  acts  re- 

quisite for  prt  ,  u;  or  i magi- 

liifig  tlje  deaUt  ot  the  kinj; ;  and,  m  many  of 
these  Citsr «,  f,\ru  and  cjri  umstauces  appa- 
rently vei  have  yet  been  helvl  autfi- 
ctcntton  frstt»>r<'U^  pMrj»o*r. 

tt  IS  nn/dJ. 
lhrou£:li  a  nun.  i 


for  com  i  of  the 

king.     1 1  -  Icmen 

haf  procured  a  so  mi  k  to  trHQ>puiL  ibem  to 
France,  but  were  stopped  before  thry  eot  out 
of  the  river  Thames,  and  their  p;  d. 

Among  the  papers,  was  found  :■  r- 

tendetfto  be  Uid  before  the  French  k:i!_  r 
his  ministers^  for  invading  the  kingdoui  ui  i.i 
vour  of  the  Pretender,  "with  ni.  ., 

notes,  and  memorandums,  all  ten  '\<i 

same  purpose.  Lord  Preston,  ij.i»  .i.  ui|^iil, 
went  mto  a  boat  at  Surry  stairs » in  which  he 
was  conveyed  to  the  smack  that  was  to  convey 
him  to  France,  but  was  seized  before  be  had 
gotout  of  the  river. 

Upon  his  trial,  lord  Preston  in^^  no 

overt  act  was  proved  upon  him  it  I  *'X, 

where  all  the  overt  acts  were  laid ;  lor  he  wat 
taken  with  the  papers  in  the  county  of  Kent. 
But  the  Court  told  the  jury,  that  it'  upon  the 
whole  evidence,  they  did  believe  that  \m  lord- 
ship had  an  intention  of  going  into  trance, 
and  to  carry  those  papers  thither  for  the  pur^ 
poses  charged  in  the  indictnient,  his  taking 
boat  at  Surry  stairs,  which  are  iu  Middlesex^ 
in  order  to  go  on  board  the  smack,  was  a  sui- 
ticient  overt  act  m  Middlesex,  Every  step 
taken  for  lltose  purposes,  was  an  overt  act ; 
and  accordingly  the  jury  found  luni  i^uill)*. 

Here  you  see,  that  this  seenungly  trivial 
and  slight  cucumstance  of  his  takiiis:  boat  at 
Surry  stairs,  was  held  a  sufficient  overt  act  of 
the  trea^Q  charged;  but  then,  you  will  re- 
mark, gentlemen,  that  there  beuig;  a  clear,  de- 
finite, and  unambiguous  object  in  view,  and 
to  which  the  overt  act  was  to  be  applied,  so, 
every  step  taken  for  accom  that  ob- 

ject,  was    an    overt    act  (i  ,ns  the 

traitoroir      i    ^         x'   .i  V  lo- 

sing aii^:  ■<[>- 

jectin\it-",  ....  ,,jiv  i, -lui.ii-  i.M.  *i.-.u.nJcr 
wa*y  utterly  incompatible  with  the  preserva- 
tion and  safety  of  the  king  upon  the  throne. 

The  papers  and  letters  found  upon  lord 
Preston  clearly  demonstrated  what  was  in- 
tended ;  for  they  were  written  in  prosc?cution 
of  certain  drlerminate  pur]^wics,  which  were 
all  treasonable,  and  t^icn  in  contemplation  of 
the  otfenders.     Any  step*  thereibre,  even  the 


mto  rrancc, 
I  and  mani- 

V!       **If 

France 
I  tl'urs  and 


uii    iHUiruiid  oi 


taking  boat  at  «S 

was  an  ovt^rt  act 

fest.     As  mv  ' 

any  one  can 

at  this  time  ui  m 

in  such  a  manner,  I  leave  to  the  jury's  coD 

bir1pr:Hl.»n   " 

through  a  great  variety  of  other 

Cii^               |^onthHthave  occurtLil  slmr  the 

Jlevohition,  but  it  is  altogether  uu  a% 

they  would  only  itlu'-rniic  th»  ng. 

In  all  of  them,  lli  en 

to  restore  the  cm  ud 

»*jr  thii'  (he 

kirm  ii>  ,ic^ 

rid 

%vu':u  tiJ4i  \vu.-i  uic  cMv^  uvcri  ull^.^  even  or  ihc 


137] 


far  High  Treaion. 


A.  D.  1794. 


[138 


slightest  k\f\(\,  might   be  held   sutTirient,  U  | 
hemz  impossible  Urat  any  steps  towards  realo-  ; 
r'mg'^lhe  Pretender  could  mean  any  thing  less 
than  fiepo5»ing  the  king.  | 

Bur,  geullcroen,  it  would  he  most  unjust 
and  uvil'air,  lo  infer,  that  circumstances  equally  1 
slighti     should     be     held    sufficient    overt  ! 
acts,  where  the  situation  is  v^idely  different,  i 
mid  where  there  is  no  such  clear  and  deter-  • 
minate  object  to  connect  with  a  traitorous  pur-  I 
pose.     In  order  to  fix  the  existence  of  the  | 
traitorous    intention,    it   is     necessary,    that  ; 
there  should,  in  the  first  place,  be  proof  that 
tlic  object  m  view  is  clearly  and  certainly  to 
aftcct  the  person  of  the  king.    Without  evi* 
dence  of  such  certain  and  determinate  object, 
it  must  be  unjysit  to  suppose  a  traitorous  pur- 
pose»  or  to  hold,  as  overt  acts,  fads  and  cir- 
cumstinces,  which  may  have  had  for  their 
fthject,  something  exceedingly  different  from 
any  such  most  wicked  and  criminal  design* 

it  would  be  a  dangerous  thing,  indeed,  and 
vrouUl  be  bringing  ilic  liberty  and  security  of 
the  5uhject  into  a  most  perilous  condition,  if, 
upon  the  bare  supposition  of  the  existence  of 
a  design  to  dethrone  the  king,  and  overturn 
the  government,  any  jury  was  lo  interpret 
into  c>vert  acts  of  treason,  facts  and  circum- 
stances, which,  it  there  be  no  such  object  in 
view,  may  be  cither  in  themselves  ahogcther 
innocent*  or  at  least  infinitely  less  crirninal, 
than  to  deserve  the  denomination  of  hi!*h 
treason.    It  becomes  you,  therefore,  gentle- 
aen,  and  it  is  a  duty  which  you  owe  to  your- 
elves  and  to  your  country,  to  proceed  with 
nicest  caution  and  circumspection.     Bc- 
li^ou  admit  circumstances  in  the  conduct 
lay  man,  as  overt  acts  of  a  treasonable 
purpose  in  his  mind,  you   must  be  well  as- 
sured, and  have  indubitable  proof,  that  there 
lid  exist  a  certain  and  determinate  object,  to- 
rards  accomplishing  which  these  overt  acts 
ended  ;  or,  in  cither  words,  that  there  was  a 
fixed  purpose  of  compassing  or  imagining  the 
death  of  the  king.     Nay,  more,  yuu  must  see 
that    object    clearly    connected    with,    and 
brought  home  to  the  person  accused;    for 
her  wise  you  cannot  fix  upon  him  the  trai- 
orous  purpose,  let  the  existence  of  the  scheme 
•  ever  so  certain, 

1  am  much  afraid,  gentlemen,  I  have  de- 
lined  you  loo  long  with  these  general  obser- 
iations  respecting  the  law  of  nigh  treason, 
piiy  for  the  peate  and  tranquillity  of  this 
ilry,  wc  arc  little  acquainted  with  trials 
'  this  kind,  and  tlie  subject  being  new  to 
Du,  I  thought  it  my  duty  to  endeavour  lo 
itplain,  as  clearly  as  in  my  power,  what  I 
onceivc  to  be  the  principles  of  the  law  of 
reason,  so  far  as  any  ways  material  for  the 
consideration  of  the  present  case.  I  shall 
now  proceed  to  offer  you  some  observations 
upon  the  evidence  which  you  have  this  day 

I  heard  ;  and  the  attention*  with  which  you 
have  hitherto  honoured  me,  induces  n^e  to 
llvpc  ihut  you  will  |>atiently  listen  tu  what  I 
ikftve  yd  to  say. 


iiuec 
^Hdid  e 

^Kmrd 
^^Tcndi 


Gentlemen,  you  have  heard    the    indict- 
ment against  the  prisoner  read,  and  you  have 
heard  it  recapitulated  and  enlarged  upon  by 
the  counsel  for  the  crown.    It  is  very  long^ 
and  I  will  not  tire  you  now  by  going  over  the  se- 
veral parts.    I  have  already  observed,  that, 
though  branched  out  inlo  a  great  number 
different  articles,  yet,  upon  the  whole,  th( 
only  species  of  treason  charged,  is  that  oj 
compassing  or  imagining  the  death  of  the  i 
king.     Not  being  accustomed  to  this  very 
proUx  form  of  indictment,  I  find  my«elf  lost: 
and  bewildered  in  its  verbosity  and  cndlesi 
repetitions.     I  presume,  however,  that  I 
various  articles  or  counts,   into  which  it 
branched  out,  are  meant  as  setting  forth 
many  different  overt  acts  of  the  species 
treason  charged.     In  place,  therefore,  of  f 
lowing  the  indictment  minutely,  I  shall  ni 
confine  myself  to  those  particulars  which  th^ 
prosecutor  seems  chiefly  to  have  rested  upoi 
as  llic  overt  acts  in  support  of  his  charge,  ani 
to  which,  accordingly,  the  proof  winch  h 
has  this  day  brought,  has  been  directed. 

The  first  branch  of  the  evidence  adduce 
on  the  part  of  the  prosecution,  was,  as  y 
were  tola,  to  explain  and  point  out  to  you  t1 
nature  and  the  .spirit  of  the  measures  of  Ihat 
nieeliag  called  the  British  Convention,  which 
was  held  here  some  time  in  the  end  of  last  ji^ 
year.  Evidence  was  introduced^  likewise,  re^H 
specling  the  objects  of  a  society  held  in  I>on^«B 
don,  called  the  London  Corresponding  iSo- 
ciety,  and  you  have  had  printed  papers  and 
letters  produced  to  you  regarding  certain 
proceedings  of  that  society.  And  the  great 
purpose  ot  all  this  evidence  is,  to  connect  loyH 
getlicr,  as  Intimately  as  possible,  the  tieiv^^ 
and  objects  of  that  society  in  London,  with 
those  of  the  British  ConventioUj  and  the  so- 
ciety of  Ibe  Triends  of  the  People  in  Scotland. 
1  must  remark,  gentlemen,  that  in  all  thig, 
the  counsel  for  the  prosecution  have  taken  a 
very  wide  and  extraordinary  range.  Societies 
in  two  distant  and  different  parts  of  the  united 
kingdumy,  are  thus  endeavoured  to  be  blended 
together,  although  composed  of  individuals 
totally  different ;  and  every  measure  adopted 
by  the  one,  ts  not  only  to  be  supposed  the 
measure  of  the  other,  but  every  the  most 
wild,  frantic,  or  intemperate  proposal  or  ex- 
pression of  any  rash  individual  in  the  one,  is 
not  only  lo  fix  that  character  upon  the  whole 
of  that  numerous  society  to  which  he  belongs, 
but  at  once  to  transfer  and  to  contaminate 
with  tlie  same  character  a  distinct  set  of  men 
at  several  hundred  miles  distance. 

I  will  not  detain  you  by  going  through 
the  papers  which  were  produced,  and  which 
you  this  day  have  heard  read,  but  I  must  take 
the  liberty  of  offering  some  general  remarks 
upon  the'  whole  of  this  branch  of  the  evi- 
dence, and  what  weight  or  influence  it  ought 
to  have  upon  your  minds,  in  considering  the 
case  of  the  unfortunate  prisoner  at  the  bar* 
whose  life  is  now  in  your  nands. 
It  is  a  fact  well  known  to  all  of  you,  that 


for  a  number  of  }  ears  past^  there  have  been 
many  p^soos  wlio  have  tliou^t  that  tl>ere 
were  abuser  rcquiriag  correction^  and  that 
for  this  purpose  certain  reforms  in  the  cunsti* 
tutioD  of  pjurliiitneDt  v/as  necessary.  Whe- 
ther this  opinion  he  wejl  or  ill  founded,  I  do 
not  think  it  in  the  least  degree  material  for 
me  to  iiiquire,  nor  would  it  he  proper  here  to 
enter  bto  such  a  discussion,  I  shall  be  al- 
lowed to  say,  however,  that  it  is  an  opinion 
whi<;h  has  at  least  extensively  prevailed,  and 
haa  been  countenanced  aad  supported  by 
many  pefsousy  not  only  of  the  highest  rank 
and  most  re8t)e€Uble  eharacterSp  but  men^  as 
zealouslj  ana  sincerely  attached  to  tlie  go- 
vemmeiit  and  constitution  of  this  country,  as 
aay  la  the  kingdom.  It  ha^  been  repeatedly 
the  subject  of  aiscussion  in  parliament,  and  it 
has  been  an  object,  zealously  pursued  by 
many  societies  and  bodies  of  men  in  difierent 
part*  of  the  kingdom,  and  this  for  a  course  of 
years  past,  without  incurring  the  censure  or 
ineeting  with  any  check  from  government. 
Indeed,  while  men  act  u[x>n  an  opinion ,  of  the 
justke  of  which  they  h.ivc  an  honest  convic- 
tion, and  while  ihey  pMr^n.^  »hRt,  in  a  per- 
fectly fair,  legal,  ami  <  rial  way*  Jt  is 
impossible,  that  in  tli«  . ,_  ^:A  happy  coun- 
try, they  can  meet  wkh  either  censure  or  re- 
prehension, 

I  have  said  thus  much,  gentlemen,  because 
I  wish  you  to  remember  and  keep  it  in  your 
view,  thai  every  man  who  is  friendly  to  ru- 
form,  and  even  zealous  for  promoting  it,  is 
not  upon  ll*at  account,  to  be  set  down  as  a 
perikOA  entertaining  hostile  intentions  aguinst 
the  law  and  government  of  the  country. 
There  are  many  persons  warmly  attached  to 
reform,  who«e  views  arc  not  cmly  the  most 
pure,  and  whoee  love  of  the  constitution  is 
i>ot  only  the  most  thoroughly  sincere ;  but 
wlio,  from  their  very  ardour  foe  preserving  the 
COD !»titu lion  in  its  utmost  purity,  cherish  the 
idea  of  reform,  and  pursue  the  completion  of 
it  with  enthusta^uc  teal.  Whether  their  idea 
be  riffht  or  be  wrong,  it  js  of  no  consequence. 
While  they  pursue  it  fairly  and  honestly, 
thnr  certainly  ean  incur  at  least  no  blame ; 
ancf  I  earnestly  request  of  you  to  remember, 
that  those  who  are  friends  to  rcfurm,  are  not 
upon  Uiat  account  lo  be  supposed  or  pre- 
sumed enemies  to  the  constrtulion ;  for  if 
you  did,  you  would  rashly  mvolve  in  tliat  de- 
scription. Dot  only  many  honest,  sincere,  and 
well-meaning  men,  but  also  some  of  the  most 
^ure,  the  most  enhghtencd,  and  the  most  ex- 
ailed  characters  in  tliis  nation^ 
^  And,  genliemen,  1  must  beg  leave  to  go  a 
little  fmhcft  and  while  yoti  are  to  be  careful 
aot  l0  pvesuoK,  that  men,  because  tbey  are 
fnetid^  to  reiorm,  are  therefore  hostile  tv  go- 

jwrtnmenT,  1  mun  entreat  of  youaisotorcflpcr, 
iit  m  assemblies  u{  men,  you 

I  ooi  ■■\r\  that  tlic  tJttraviiganl»  the 

wililyOf  liti  ae  opoiona  and  idcaa 

of  some,   u.;  |>iQjonf   and    >dew  of 

every  ci^   person  of  wfanch   thi  loclety 


Trittl  of  David  Dowtiie 

or  meeting  may  he  composed.  In  all 
such  numerous  assemblies,  there  will  often 
shoot  up  violent  and  turbulent  spirits, 
whom  the  more  sober  and  moderate  tnay  tor 
a  time  be  unable  to  resist^  but  because  such 
intempei^te  men  may  for  a  while  rtile,  and 
give  the  colour  of  tlieir  own  minds  to  the 
proceedings  of  the  meetingp  it  would  be  hard 
to  condemn  the  whole,  in  one  inihscriminate 
heap,  and  so  involve  the  innocent  with  the 
guilty.  Let  every  mun  be  responsible  for 
hiniM^lf  alone.  In  common  fairness  and  in 
justice,  we  ought  to  separate  and  discrmii- 
nate;  and  till  a  man  is  proved  to  be  himself 
guilty,  do  not  let  us  involve  liim  in  the  guiU 
of  another. 

We  have  heard  much  to  day  of  what  parsed 
in  the  meeting  at  the  •  i- 

nuary  last,  and  of  the  pr 
farm  upon  14th  April.      1  um  exct  r 

from  wishing  to  vindicate  those 
and  still  less  will  I  attempt  to  ju^jiisy  uxir 
wild  and  extravagant  proceeding!? ;  buU  not- 
withstanding  Ihia,  I  am  willing  to  believi^ 
that  there  must  have  been  many  individuaii 
who,  however  well  disposed  lo  siv*'^"»  *f  _, 
cause  of  reform  to  a  certain  eil*  I 

never  have  adopted  any  vioh'nL  t 
derate  ideaa  of  the  leaders  of  i 
but,  on  the  contrary,  if  they  , 
such  tarther  pursued,  or  about  W  he  sortuual; 
carried  into  eflect,  would  at  once  have  rrsist 
ihcm  with  their  utmost  force,  and  if '  > 
ful  in  that  resistance,  would  insi  .  ve 

relinquisheil  and  abandoned  a  HicieLy,  vvliobe 
measures  were  not  calculated  to  promote  re- 
form, but  to  produce  anarchy  and  confusion. 

You  have  been  told,  gentlemen,  that  to- 
wards the  end  of  last  year,  and  in  the  begii^j 
ning  of  the  present,  the  object  of  the  dilFcre 
societies  for  reform,  came  to  assume  a  new 
appearance.  The  obtaining  a  reform  of  the 
representation  in  parliament,  was  still  held 
out  as  the  05te»sible  pretext,  while,  in  facf 
as  we  are  told,  more  daring  and  criminal 
signs  were  secretly  in  view.  In  short,  it  is 
said,  the  plan  was,  to  assemble  what  was  lo 
be  called  a  General  Convention,  to  be 
posed  of  delegates  from  various  societti 
meetings  and  a&semhiies  of  men  in  diflfereot 
parts  of  the  kingdom,  and  which  wa*  intejided, 
forsooth,  t.  ■'  ; 

initsrcpi'  fo* 

itself  all   ttic  jijii'  (1  n^cis  VI  a 

tional  legislature. 

If  there  really  did  .  xi^i    .^ ,- -■-  -  •fsiB 
it  was  not  less  wicked  and  crin 

and  1!^''"-""'"    *"   ^  ^1*^     *'\lrrMii#>  I 

tip  01  '    ' 

nane,  u 

tional  mil  'I 

wL'iJ,  .(lid  I 


and  lo  Like  tlic  requiMtc  mcuurc^^  lor  pre* 


HI] 


./br  High  Treason, 


A.  D.  I'm. 


[U8l 


lii. 


tplm 


ffCitiiif  lluU  gencnd  convention,  v^hich,  if  it 
ihfltfU  lie  actuated  by  so  intemperHte  a  spint, 
fl^j^  ^  fMtKlutCtivc  of  dangerous  conse- 
flUCTfg*.  But  ^hiJc  I  may  reacJily  admit  this, 
1  r  !  f^ic  pame  time  own,  gciilJcnnen, 

:  my  own  ntind  such  a  Jove  and 
ion,  and 
^t' of  the 
piopl*  <  ,  Li.nu  tij  iiit-ji  iull  coa- 

TJCpin  ^s  of  tb:it  govornraent 

1o  oilertam  an  idea  thai  )  ed 

eoofcutkin^  even  iHt  liau  ..      i.  led, 
it  aetctr  did,  would  ever  have  given 
Qocurrrjice  and  support   to  any  nica- 
smtB  mmtiii^  tinient^  or  have  gone  a 

li^fe  aie{>  i^i  i  to  t^ke  fair»  Ic^l, sod 

««MiiMtlo>ii«J    ti*e4i6ufes  for  renewing  their 
U»    iMMrUanoent  for  obtaining  a 

\  lemte  lo  say  eealn,  genttejneo,  that  I 
Cir  i-hiiig  or  attempting  to 

die  V  :>  at  the  Olohe  Lavern 

Cliaik  ij^rm  i    or  in  short  of  any'such 
^  I  ;    and    I  think   pvc-rnnient  acted 
iiy  and  wbely  in  usir  -  -r  —    ty  pre- 
I  propaM  getietaJ  i  But, 

•  |ifii4/«i^t!v  -rMveTiuiK.  .,  .. -L^.aaur^  in 
pod,  rcmcuibcr,  also,  that 

■I  f  .  never  did  assemble ; 

[caaooi  retore^  thinkittg  it  ra- 

bard  i^  »-»  with  any  certainty, 

itld  k^ve  been  the  proceedings  and 
I  of  that  Assembly,  if  they  liatl 
iMoughl  toecthiir.    \Vhat  may  be 
il  came  of  aiami  as  to  what  possibly 
B^  can  be  no  just  gn>und  for  con- 
X    what   was   dreaded  certainly 
*  V    '   .1   tiie   cotiventiun 

I  feel  uiy  mind^  nay,  I 

rn^taduiim,  tmn  r  1     t  (unvenlion  hud 
r  iaaieiiiblei),  and  jf  i!j  t     v^   i c  liny  persons 
Ibnned  dani;<ji:i     ^r  criminal  dc- 
Ibey  would    hnvr  1  .'jtjJ  their  views 
t»*!v ff isHir.itr<l  iiiif  ':  .n^jjoiuted.  When 
Jm>  '  It  waA  to  be  fi- 

ts were  to  be  pur- 
must  have  pre* 
td;  and  \prcs5ions,  and  all 

tii«l^,  fmUi,  and  iiiit.fn^»eratc  resolutions 
pfSHr9l9on»    vViich    had    been    before 
I   ^''  nished,  as  sound 


rifar 

the 


«-f.r 


When  brought 
they  would 
I  oolcr  men, 
,  which  the 
t  ever  com- 
em  that  the 
hirh     they 


rji*  ur.'ji. 

tiid   rr 

eomtitntion  under 
Jy  waiskl  be  but  ilJ^xchanged  for  anarchy 
oa  OQltfiiaioo ;  that  tiiis,  however,  would 
la  Iba  tod  eertaio  rv^uK  of  any  rash 
tfteaipl  Ut  (oiliflttule  annthcr  in  its  place ; 
tat  aoT  roqyiattc!  and  talutary  reforms, 
^Qokl  ba  best  attained  by  those  known 
«i  1«^  mams  which  the  conaitutton 
««tf  bad  fnfnM;    that  Vbm  deomod^, 


if  just  in  themselveap  would  ultin 
be  complied  with;  Ihalj  iu  ibe 
while,  they  shouM  learn  to  value  tl»al  pemcei^ 
security,  and  happiness  which  they  enjoyed; J 
and  not,  by  im]rAtient  and  inconsideratal 
Tiolencc,  tear  to  pieces  the  whole  fabric  of  1 
government,  and  involve  themselves  and  their  ( 
country  in  contusion  and  disorder. 

Reasoning:^  so  sound  and  ao  convincing^  J 
would  infaUibly  have  prevailed;  and  at  anj^l 
rate,  I  surely  may  at  least  say,  tliat  it  would! 
be  unfjiir  to  fortu  ;iny  unfavourable  conclusion  1 
MS  t.i  «lk;tt  would  liave  been  the  conduct  andi 
J  is  of  a  convention,  which  it  is  ad»l 

3  ver  did  assemble.  The  very  purpose] 

Qt  tins  mtcnded  coovention,  seems  to  haval 
been,  lo  know  and  to  collect  the  sentimental 
of  the  friends  of  reform  in  different  parts  of  1 
tl>e  kingdom ;  and  as  there  is  no  doubt  tha 
the  views  ^f  men  were  exceedingly  difiereui^J 
both  as  to  the  extent  of  any  lelorm  to  b 
sought,  and  as  to  the  manner  and  time  of  up  . 
plying  for  it,  so  I  thiok  it  would  be  unjust  lo| 
presume    tliat  the^  convention    would    havej 
come  to  any  Lrimlnal  resolutions;  and  sUJi 
more  nnjvist  lo  presume  that  every  set  ofnieiL 
who  thought  of  sending  delegates  to  that  con* 
vention,  had  no  other  view  nor  purpose^  Uiaaj 
to  supersede  the  llou^e  of  Commons,  and  t/§J 
assume  all  the  fimctions  and  powers  of 
assembiy. 

But,  gentlemen,  I  am  afraid  I  have  dweH 
too  long  uiWQ  this ;  and  I  should  not  haval 
ihouj'hl  il  necessary  to  say  so  mmh  if  wc  had  J 
not  this  day  heard  at  ssudi  length  of  the  prtM J 
ccedings  at  the  Globe  laveru,  and  at  Chalk« 
farm,  with  the  view  of  assFmilating  the  spirit 
and  purposes  of  those  meetings,  and  of  th« 
intendea  general  convention,   with   that  ol 
i^ome  of  me  meetings  and  societies  of  tha 
Friends  of  the  Peo[>le  in  this  country. 

For  this  reason,  I  thought  it  my  ilnty,  toJ 
trouble  you  with  the  observations  I  have  sug»  J 
gested,  m  order  lliatyou  might  not  be  apt  r 
lorm  loo  hasty  conclusions  j  tJiat  you  n  '  ' 
not  be  led  to  suppose  criminal  designs  wll 
the  clearest  proof;  that  you  might  not  trana^ 
fer  the  guilt  of  one  man,  or  of  one  set  of  men, 
to  another;  but  that  you  might  di^tinguibi)^^ 
and  carefidly  consider,  what  is  the  real  i 
and  amount  of  the  oflcnce,  and  whctlier  i 
the  being  guihy  of  that  offence,  U  broughl] 
home  lo  the  person  accused  ^ 

With  regam  to  the  prisoner  now  at  the  1 
he  wais  no  member  of  the  London  Corres 
pondr     ^         V,  nor  had  he  any  concern  uij 
the   I  >  cither  at  the  Globe  tav 

or  at  ;^  Hi. IV  1,1  111.     Indeed,  no  such  thing 
even  pretended  ;  and  ii*«  to  his  having  been  al 
member  of  that  meeting  called  the  BritLsl|| 
Convention,  which  assembled  at  Edinburgh 
in  December  last,  you  will  remeoiber,  tHal' 
this  day  when  I  opposed  the  admitting  any 
proof  of  that,  I  was  told  by  tlie  gcmtiemen  on 
the  other  side,  that  they  did  not  care  whether  y 
they  proved  Mr.  Downie  a  member  of  tiia^ 
British  CoDvcatioa  or  nut,  beca,v\^  «XV  W^rj 


143]         3i  GEORGE  IIL 

Vished  for,  was  to  hhow  you  wliat  llicy  wcrr 
piciised  to  call  the  genius^  ihe  spiril,  and  the 
views  of  thai  meetinp;.  In  short  they  did  not 
^niean  to  criminate  him  on  thai  accoiint ;  anfl 
indeed  they  could  not,  because,  in  the  prose- 
cutions before  the  court  of  justiciary  against 
certain  persons  for  having  been  in  that  con- 
vention, the  crown  had  adduced  Mr.  Downie 
as  a  witness  in  support  of  that  prosecution  ; 
and  having  there  given  his  evidence  fairly,  he 
could  not  be  himself  prosecuted  for  that  oi^ 
fence. 

After  having  laid  before  you  some  of  the 
proceiJing^i  of  this  British  Convenliou,  tlic 
next  thmg  endciivourcd  to  be  proveii,  was, 
that  after  this  convention  had  been  disperbetJ 
by  my  worthy  and  re  ^  pec  table  friend  the  lord 
provost,  in  some  place  where  they  had  ais- 
sen)bled  in  Edinburgh,  they  again  presumed 
to  meet  in  another  nUce  on  the  south  side  of 
the  town,  ami  whicfi  place  being  out  of  the 

i  jurisdiction  of  the  city  magistrates,  the  sheriff 
went  there,  and  again  dispersed  them.  After 
this  second  dispersion,  you  have  heard,  that  a 
number  of  these  people  went  to  a  Mason 
liodge  in  the  Canongate,  where  they  held  u 
fiort  of  meeting,  and  afterwards  once  or  twice 
Assembled  somewhere  else* — You  have  been 
farther  told,  that  there  was  formed  what  was 
called  a  Committee  olUnion^  consisting  of 
delegates  from  the  dilTerent  societies  of  the 
Friends  of  the  People  in  the  city  of  Edinburgh 
and  its  neighbourhood  ;  and  the  object  of  this 
committee  was,  to  carry  on  the  purposes  of 
fcform.  This  Committee  of  Union  being 
rather  numerous,  nametl  a  small  •sub-commit- 
tce,  which  was  called  the  Committee  of  Ways 
and  Means,  and  of  this  Committee  of  Ways 
and  Means,  Mr.  Downie,  the  prisoner  at  the 
bar,  was  a  member. 

Now,  gentlemen,  I  besj  leave  to  repeat 
a^ain  what  I  formerly  said, — that  I  have  no 
wish  or  desire  to  vindicate  those  attempts  to 
continue  such  meetings,  after  they  had  been 
checked  and  disapproveil  of  by  the  govern- 
nveot  of  the  country.  1  am  very  far  from 
commending  that  spirit,  and  you  raaj  lix  what 
blame  you  please  upon  it ;  hut  you  wilJ  take 
care  that  out  of  your  dislike  and  disipproba* 
lion  of  that,  you  du  nut  ^o  a  step  beyond 
ivbat  vou  ought  to  do,  and  connect  it  witti 

k  ivhat  it  luis  no  real  connexion,  1  mean  the 
triine  of  high  treason.  1  dare  to  say,  that 
Ihere  were  many  Friends  of  tlie  Fcoplc'in  tliat 
CoRiniittee  of  Union,  who  had  not  even  ao 
idea  of  employing  force  and  arms  against  Ihe 

.  c^overnment  of  the  country,  Ihcy  liad  it  im- 
V  '    ri  their  minds,  that  a  reform  was  nt' 

nd,  in  the  breasts  of  some  violeni 
^*  liut-,  ii)cre  might  -  -^ —  '-i  -vcn  crimi- 
nal designs ;  Lull  Uat  in  ttic 
§i-^;it  i..nJr,i,,,i.- .:,r  ,,,,.  ._.^  not  even 
ic  I                                   trying,  by  force  of 

ami  ii  lh<LV  wi^IiL'd.      As 


they  Qi9$t  co-tiUidjf  iiid  caccv^tugly  wrung;  j 


Trkl  ^f  Damd  Downie  f  1 44 

but  what  is  the  ainotujt  of  that  wrong  ?  Let 
it  be  punished  accoriing  to  its  degree  of  de- 
merit; but,  from  that  circumslancc  of  their 
iiiPcting  privately,  when  they  could  not  do  so 
publicly,  do  not  conclude  that  these  men 
were  inlrndmj^  high  tre^ison.  Do  not  confoumi 
two  things  which  are  perfectly  separate  a\id 
different.  Let  the  boundaries  of  crimes  he 
kept  clear  and  distiiKt.  Let  each  meet  with 
its  proper  punishment,  but  do  not  mistake 
one  for  another,  nor  construe  into  high  trea- 
son, an  offence  that  is  infinitely  less  criminal; 

It  will  not  be  ^aid,  that  any  proceedings  in 
this  Conimiltee  of  l^nion  were  more  culpable 
than  those  of  the  British  r.M  ■  '  ■.  which 
was  dispersed ;  and  you  ha\  Llcmcii 

that  the  measures  of  that  ^  .,,,.,. .ui  wTre 
not  construed  to  he  hi^h  treason,  M.irj^'Jirot, 
Gerrald,  and  others,  w^io  were  active  in  that 
conventiouj  were  brou^^ht  to  trial  before  the 
hij;h  court  of  justiciary  :  and  the  crime  charg- 
ed against  them  was  )»ot  treason^  but  only  mj- 
dition.  Had  it  been  treason,  we  should  nave 
heard  of  it  as  such ;  but  they  were  tried  and 
punished  for  sedition,  and  are  now  aurterinij 
the  punuhment  of  that  offence.  Nav,  farther, 
even  those  persons  concerned  in  the  proceed- 
ings at  the  Globe-tavern,  and  at  ^  '  "  im, 
if  they  had  been  supposed  guilt)  i* 

son,  would  have  been  prosecuttfl  au-i  mcd 
for  that  crime,  and  yet  no  such  thin^  has 
happened.  We  are  told,  indeed,  there  is  an 
intention  to  prosecute  them,  but  of  I  hat  you 
most  certiinly  have  no  evidence;  and  you 
have  no  right'  to  hold,  nor  conclude,  that  the 
members  of  this  Committee  of  Union,  were 
guilty  of  at  least  any  greater  offence, than  that 
%vhich,  in  the  members  of  the  liriiisli  Coa- 
vention,  was  found  to  be  only  sedition. 

And  here,  gentlemen,  let  us  attend  a  little 
to  the  evidence  regarding  the  Comtuillee  of 
Union,  and  the  Sub-corn miitce  of  Ways  ami 
Means,    The  fir^t  wiiin  '"    '  George 

Ross,  a  clerk  in  the   i  -*\   ami 

whokeplalsoa  kind  nt  uivirn,  svm.il  thetie 
committees  were  accustomed  to  muH.  Not 
havinc  been  a  member  himself,  he  is  not  cer- 
tain whether  there  were  two  committees,  or 
only  ou(*^  but  that  he  heanl  of  one  called  m 
Comiuittee  of  Ijnion  t  thai  he  has  sc^n  Mr. 
Watt,  Mr,  Stoke,  Mr,  M'Hwan,  Mr.  nownte, 
and  Mr,  Bon  throne,  present  at  th  >« 

and  that  Bomrlimcsa  greater  nui  d. 

cd.     He  mentions  that  he  reccivi  ir, 

Stoke  copies  of  a  letter  from  ihf;  kU 

ing  Society  at  LoiH^  ^, 

and  which  he  diii  io 

r     'V        >         •  nd 

ri 

Ul'  nj      -J-H.^      t>04 

th  III. 

n   '.  ':.« 

P,  of 

were  tiiJ^pcrscd,  iiraty  by  tliv  lord  pruvost^  ^Lud 


Jbr  ITigh  Trtaton* 


A*D.  1794- 


[I4fl 


i  Ir. 


r^fj 


-t^j 


m 


^  lie  says  the  object 
vvas^  to  keep  up  a 
It  societies  in 
lie  understood 
Ui  t  lo  be  for  the 
y,  in  order  to  (Hs- 
>^  coulmcled;  to  re> 
i  in  dlstreaa^  and  hke- 
^>i  Ds€9  of  sending  dole- 
Ato  In  a  Q^w  coQvimtion.  lie  says^  it  was 
GkcwiM  tfllked  of,  that  the  money  collected 
lou  to  bujr  political  publications;  and  that 
iM»lhe7  purpose  of  Uie  committee  was,  to  col- 
ha  the  »«i>IJments  of  the  friends  of  reform 
il  milblJUKie,  90  as  to  know  what  their  views 
qhj^cU  were,  some  dunking  universal 
too  violent  a  demand ;  aJid  a  good 
«if  *'  '   il;,  as  to 

Ifkawt' 

Tbc  tilu^)  wnij'j^v,  Nva-s  \*  uij.iiu  burning,  a 
tfhiw>ttiiatley,  a  i&cmber,  and  the  clerk  of  a 
WxaelxoftlM  Friends  'i  ?»•  ?*eopk  at  the 
"■        gf  Ltilh-     He  ,  that  about 

PQC^t  aftr  r  tlif  di'   thr    llri- 

Coo^et  IV 

■OdMLir  '  '  ,^.   ■    -  ■   •   m:,.     tic'e 

rfUfiioii.  the  object  of  which  was,  to  carry  on 
tlM|purpocc8  of  refonu,  by  an  application  to 
■KtiMsent.  He  re  mem  berg  also,  of  there 
Wuiga  coUeciur  appoinrcd,  whose  business 
«■%  10  a»lloct  the  &entunents  of  friends  as  to 
nhnm^  and  to  collect  money  for  the  rchef  of 
M    ^-*.  L%  and  other  *uch  personss  in  di*- 

t*  Kit  the  monc^  was  to  be  applied 

1;^  UM?  c<'[iimittee  of  rmon, 
'  Anibitf  M'Ewan,  the  fouilh  witness,  is  a 
<■'*'  ^  -'th  ind  a  member 
of  the  Peo- 
-  ..ic  uf  the  dele- 
uj  the  Committee 
I  iidcd  the  meetings 
I  the  house  of  George 
iluit  thid  Committee  of 
Vviom  €kmhQ  a  ^ub- commit  tee  of  seven,  and 
tliBt  th^te  were  Mr.  5luke,  Mr.  Burke^  Mr, 
Watt,  Btr.  Ailcheson,  Mr.  Downie,  Mr.  Ooii- 
,  and  bitntelt;  nnd  that  the'  busiuess  of 

\'  to  pay 
— *-,  lug,  and 

Mil  iniiiMa,  Is  WilUam  Bonlbrone, 

,  ^rv\  t  rr^^frihpr  of  the  society 

i^le  at   Broughtoii, 

ly  i>enl  delegates 

I,  and  tliat  he  was 

ewise  one  of  tlie 

^d  hifi  account  of 

c  the  same  with 

,  I 

uciibcs  uien- 

uer*  was  un- 

1  for  the 

ver  mo- 

10  i>t  under  the 

tAauunation  of  these 


■attht^^v 
if  a  aooety 

ptm  MOt  hjf  th;< 

Mf  thml  con 
U<rt. 


witnesses*  you  would  perceire,  gentlemen^  ^ 
that  the  prosecutor  put  Uh  questions  in  surJi  ' 
a  manner,  aa  to    !         '    ;  ',  '       i 

g;reatdeatof  w:  i' 

its  being  an  objtxi  ui  urmj  tuuinii[iLt.>j^  lu  rui* 
lect  money ;  but  I  tliink  1  can  nio^i  »ucces^  1 
fully  meet  him  upon  that  head ;  and  when,! 
you  shall  fairly  consider  the  evidence,  I  anp  { 
confident,  gentlemen,  that  you  will  be  of  n»y  j 
opinion.  f 

1  believe  you  will  rr udilv  admit,  that  thgi 
collecting  oftnoney  -'  cr  be  criminaVl 

or,  on  the  other  hau  y  innocent,  aqii 

cording  to  the  purpose  for  which  it  was  iutendn 
ed.  You  know  very  well,  that  for  a  numb^j 
of  years  past,  the  object  of  obtaining  a  reform^! 
has  been  pursued  by  many  societies,  in  manjf  1 
^r'  and  whde  it  ifT 

;  ]  and  coustitu^l 

iiuuai  iiu;;tu>^    HUJIU  f-Hii  m:  mj    rOOm    for  anj 

blame  or  censure.    Men  may  differ  in  opinion 
as  to  the  neccniUy  of  reform .  but  their  righ^ 
to  seek  it  in  a  Ic^at  way  cannot  be  qiieUioned^l 
In  order,  however,  to  carry  tbrnnf^h    and  t<f  j 
support  the  fuir  and  legal  appl  r  ihifH 

purpo*€^  a  fund  is  requisite  foi  .     ^  ^^#1 

unavoidable  expense  ;  and  accordmgiy^  cvtiri 
since  the  idea  of  a  reform  has  existed,  tlicrc' 
ba4^  nut  been  a  society  for  that  purpose*  in  anj 
part  of  the  khigdooi^  that  haj  not  coll^te4 
Mch  small  sums,  a,^  they  were  severally  ahj^  j 
to  contribute,  for  bearmg  their  share  of  that  | 
expense;  and  it  will  not  surclv  be  eitld,  tha|  1 
in  doing  this,  there  was  any  thing  either  en*  J 
minal  or  improper,  | 

But  you  wUl,  perhaps,  be  told,  centlcnricQ,  J 
that  in  this  Committee  of  Union,  ihe  collect*  j 
ing  money  could  be   for  no  such   fair  antt  ] 

:l 

.!..  i    ,    ...   '      '  :.,'■,      1   ■  'I     ■  ;     1  ,',  ;;i-- 

burgh  havmg  been  djspcr^d  by  tiie  civaI  maf  j 
gi^tralp,  M»  this  subsequent  meeting,  undef  I 
the  name  of  a  rommiltce  of  l'  nion^  could  ool  J 
have  *m  view  to  collect  money  for  ajjy  just  o^  | 
legal  purpose. 

I  rau&t  confess,  gentlemen,  that  I  do  pqI  J 
in  the  least  feel  citlw      *  Lice  or  Itie  forcfj 

of  this  reasoning.   '1 1  11  by  parharneial  j 

could  not  in  the  leaM  ut^^rct^^  prevent  nor  ren# 
dor  illegal ,  a  renewal  ol  the  application  in  4 
constitutional  way.     Are  these  people  to  h%  I 
held  criminal  for  thinking  that  they  were  a|  I 
liber  ly  to  apply  again  to  parhament  for  a  re*  j 
drcbs  of   llioi^c  grievances,  of   which    theyi 
thought  they  had  reason  to  complain  ?    Nay,  j 
further*  it  they  sliould   have  thought  that  aa  j 
applitation  to  the  House  of  Commons  was  in  J 
vain,  what  m'as  there  in  law,  to  hinder  theni 
lo  petition  the  king  ?    VVhat  is  there  lo  hin» 
der  any  subject  or  set  of  subjects  in  lbi»  I 
realm  to  petition  the  king,  if  Ihev  do  so  in  » 
dutiful  and  loyal  manner  I   I  hold  it  as  an  in*  I 
hcrent  principle  in  our  constitution,  and  £| 
will  mamtain  it  to  be  the    unquebtiooabl^ 
birthright  of  every  British  Bubject,  to  go  15^^ 
the  foot  of  the  thMiae,  and  dutifolly  to  ^etip^ 

L 


147] 


34  GEORGE  m. 


tion  his  «>vereiff:n.  This  has  been  mentioned 
AS  one  view  which  these  meetings  had  ;  and 
vrlll  it  be  sjiid,  that  this  could  be  criminal  r 
Can  any  one  presume  to  blame  this  ?  Or  to 
!  ^ay,  that  a  petition  lo  our  most  gracious  sove* 
Tcign  is  to  be  interpreted  into  a  design  to 
compeJ  and  coerce  hiro,  or  to  be  constnicd 
mto  a  treasonable  purpose  ? 

We  are  told,  inaeed,  that  a  reform  was  but 
the  ostensible  pretext ;  and  that  while  these 
flocieties  and  meetmgs  held  out,  that  they 
were  to  support  the  constitution,  as  estab- 
lished in  King,  Lords,  and  Commons,  yet  all 
this  was  no  belter  than  a  mere  dbgiiise,  and 
that  at  bottom,  nothing  else  was  meant,  but 
to  pull  down  the  king,  and  destroy  the  consti- 
lulion.  I  cannot  believe,  however,  gentlemen, 
that  sil  ting  as  a  jury,  you  will  think  yourselves 
entitled  to  form  any  such  conclusion,  in  the 
facp,and  directly  against  the  plain  meaning  of 
^ords,  and  the  fair  expressions  of  these  decla- 
rations. If  there  truly  was  any  such  wicked 
purpose,  it  could  only  be  in  the  secret  minds 
•»r  a  few  wicked  men,  enemies  of  their  coun- 
try :  and  I  am  confident,  you  will  not,  for  a 
moment  entertain  the  belief,  that  ttiosc  nume- 
rous |>er9ons  who  composed  these  different  so- 
cieties^ were  acting  throughout  under  a  mask^ 
and  had  nothing  else  in  their  view,  bat  the 
everthrow  of  the  constitution  and  government 
df  this  country.  I  will  be  bold  to  say,  yoti 
mre  not  warranted,  and  cannot,  in  good  con- 
iciencc,  allow  yourselves  to  give  effect  to  such 
Rn  idea,  nor  lo'pul  so  harsh  and  unfair  a  con- 
Atruction  upon  the  intentions  of  the  friends 
•f  reform,  m  opposition  lo  their  owd  clear, 
explicit,  and  solemn  declarations. 

And,  in  order  to  be  compleatiy  satisfied  of 
this,  I  must  request  you  will  attend  lo  the 
evidence  you  have  this  day  lipard,  as  to  the 
mmount  of  the  money  collected  by  this  com- 
mittee  of  Union,    All  the  witnesses  mention, 
^  that  it  wa^  ■' ^^'^T^lylriffmg,and  that  it  con- 
sisted chif  v  pence,  paid  at  the  meet- 
^kigs  by  the  ^.;.v.cx.i  members.    William  Bou- 
I  throne  in  particular,  says,  that  very  little  mo- 
I  »ey  was  collected,  and  that  the  whole  object  of 
I  the  collectioa  was,  for  discharging  some  triHing 
I  liebt  already  contracted ;  and  that  after  paying 
'  this,  the  rest  was  to  be  applied  for  relieving 
I  Win.  Skirving,  who  was  in  a  very  necessitous 
iituation  ftfiir  the  banishment  of  ber  hus- 
[  l>and ;  and  for  defraying  the  expense  of  send- 
ing a  delegate  to  a  new  convention.     The 
iirery  largest  sum,  if  it  eaii  dcirerve  the  name 
I  ©f  large  that  at  any^  into  the  hands 
^  of  the  committee  «.  surer,  was  15/. 
[sent  from  Perth  by  \.  c>.,  i  ...ular,  whom  you 
[  ikeard  examined  as  a  wttuess;    and  he  trliK 

•  IfCtXi.  t\i',i\  it  u^^w  rnTl*  rtrrl.   rin<l    '-.i-nl    '^.ili^'Jv  i\^r 
t 


la*i!jin*otv 

Heed  ia   cauipleuJy  (idiculyud.    It  W4&  cvi- 


Trial  of  David  Domig  [148 

dently  a  collection  for  no  other  purpose  what- 
ever, llian  to  defray  the  little  incidental  ejc* 
penses  attending  their  meetings,  and  for  giv- 
ing some  little  a»d  to  some  of  tTieir  friends  in 
distress,  such  as  the  wife  of  that  unhappy 
man  Skirving. 

That  was  the  utmost  extent  to  which  It 
went:  and^ou  will  attend  also,  gen tlemeD, 
to  the  description  and  situation  of  those  per- 
sons who  wen?  to  orerthrow  the  constitution 
by  force  and  by  arms.  Who  were  the  persons 
that  you  are  to  suppose,  were  carrying  on 
this  darinij  and  criminal  design  I — Yoti  hare 
seen  them  before  you  this  day;  'and  I  fancy 
you  will  admit,  that  they  were,  for  t>;e  moat 
part,  of  as  low  and  poor  a  description  as  ever 
were  protluced  in  any  place  whatever.  Where 
then  was  the  money  to  come  from  ?  It  coulcf 
not  be  from  these  poor  people  themselves ; 
and  therefore,  you  have  no  alternative,  but 
eillicr  to  suppose  thai  they  had  here  some 
secret  and  unknown  fond,  or  that  a  supply 
was  to  come  from  England  or  from  France  ; 
or  you  must  conclude,  that  no  treasonable 
destgn  was  ever  seriously  in  view,  and  that  the 
whole  has  been  a  mere  imagination  and  chi*- 
racra. 

Had  it  been  discovered,  that  these  people 
had  considerable  sums  in  their  hands,  or  had 
it  been  traced  out  that  they  had  supplies  from 
some  other  quarter,  or  in  short  any  fund  that 
could  look  like  bringing  about  so  great  an  ob^ 
ject  as  overturning  the  constitution,  there 
mi^ht  at  least  be  some  belter  colour  for  sup- 
posing such  3  design.  But  it  is  admittea, 
tfiat  there  is  not  the  least  reason  for  suppos- 
ing that  they  had  any  fund,  or  any  supply, 
excepting  what  they  collected  amongst  them- 
selves; and  when  yon  see  how  very  trifling, 
paltry,  and  incon&idcrahle  this  was,  I  presume 
you  Will  have  no  hesitation  in  being  fully  sa- 
tisfied, that  it  could  never  be  collected  for  the 
purpose  of  overturning  government,  and  that 
it  could  never  be  meant  for  anv  ihing  else, 
than  for  carrying  throagh  the  object  of  re- 
form in  a  fair  anu  constitutional  way, 

T  cannot  quit  this  subject,  without  taking 
notice  of  a  curious  circumstance,  which  coulS 
aol  escape  your  attention ;  I  mean,  the  person 
who,  we  are  lo  suppose,  was  employed  as  the 
ambassador  of  this  Committee  of  Uniooi  lo 
travel  over  the  country  in  order  to  form  asso* 
cifttion^  for  overturning  the  stale.  You  have 
seen  thi?.  saii'  '  iflor,  Mr.  John  I'airley, 
and  you  havi  n  examined,  and  from 

his  situation  in  me,  nis  appearance,  and  hit 
demeanour,  you  wiU  con^Jde^  how  Jar  lie  i» 

SUr*-     •'  -     «..r.Kf    fr-     -' •■-!  with  N» 

ill' I  t  man 

.1    I    ...  id 

id, 

try 

he 

cr 

.      .Un 

K  uig,  U»rd^;mdCauaffiOii:^  uiouc  coiuuiQU  ILUD* 


lo  accom- 
'  empire. 


jQf  High  Treason, 

WIS  the  reconipcnce  given  to  lliia 

ciitial    miaister,  this  nccociator,   who 

'i     the    latid,  in  order  to 

t  hines  ?  Why,  geiiU^men, 

icc,  Ujal  il  was  no  more 

s    sterling  I     Surely   the 

__        ^»*o»v  ^i  which  diplomatic  history 

liiniish  an  ex^unplc.    He  goes  from  place 

fruin    Mjrii  Iv    in    ^ik 

trnll  -      ;  ,_,  ,and  most 

lOUd  uo^ertakmgy  he  m  return  receives,— 
I? — ^I'hc  CDormous  reward  of  fifteen  shil- 
I. 

it,  gentlemen,  you  could  go  into  6o 
in  ioejiy  us  to  suppose,  that  such  a  per* 
Id  be  employed  on  such  a  mission^  and 
-  i  A  recompencc,  can  you  for  a  moment 
iTO  it  possible,  that  t  h  eCom  m  i  t  tec,  if  they 
had  entertained  such  wicked  and 
designs,  could  be  so  mad  and  so  ab- 
eotnist  to  him  so  iraportanl  and  dan- 
gaovt  a  ne^iation  ?  It  is  indeed  too  ridi- 
adous  to  »dmit,  even  for  a  moment,  of  your 
bdacl*;  ftod  affords  only  an  additional  demon> 
tffitaoOy  tkftt  the  holt  and  only  purpose,  which 
tiie  eocQtoittee  hod  in  sending  Fairley  was,  to 
ttOect  the  seniusenu  of  the  Friends  of  the 
?eopI»  as  to  the  extent  of  reform  in  which 
ihey  would  agree^  and  to  obtain  some  little 
|<cooiafy  '  >c  through. 

1  cooie  M  .  in  the  third  place 

Idcooiider  ta^i  piun  oi  seizing  the  Castle,  the 
bisk«t  ^^^^  other  public  offices  In  this  city ; 
«&d  which  is  held  out  in  the  indictment,  as  an 
eiffi  Act  of  caropassing  ut  imagining  the 
idcmili  of  the  king.  It  is  unnecessary  for  mc 
In  fc£oiicit  to  you  what  were  mentioned  by 


A.  a  1794. 


im 


Ibfl  wiiJie*'*-^  to  hint  lc€n  the  different  ob- 
jmU  «  ^1  have  heard  how 

ihnf  d*  ler  the  prisoner  at 

lite  \mt  httti  ioij  to  i\,  1  shall  aAer- 

wmh  c<vTT*  in  the  mean  while,  as  to 

the  ^Ui  Aiu  sure  ^^ou  will  agree  with 

ibe  lo  -,  that  it  is  one  of  the  most 

wiU,  fcb'uiU,  Liiid  un|«racticablc  schemes,  that 
€H9  cntirrcd  into  the  tnincl  of  even  the  most 
nd  could  never  seriously 
hy  any  roan  of  conmioD 


I;M«bceft< 

It  ts  iin( 
mke  JUiy  h^ 
lKiil««d  in 
lo  Witig  thr 

it 


I,  to  understand  or 
n,  A  firo  was  to 
lily;  and  this  was 
I  he  Castle,  Then 
ati<l  «eize  the  Castle , 
!ihc  offices  were  to  be 
the  whole  govern- 
iicre  were  the  peo- 
'  Have  you  any 
rce  ready  to  rise, 
•>  -  -  '  -     :!or 

IIS- 

.._  had 
lo  such 


'    "^ 


this  marvellous  i»lan  executed,  whereby  the 
government  of  tnis  country  was  to  be  taken 
ty  surprise?  It  was  to  come  from  Jiobody 
knows  where — and  to  be  done  by  Clod  knows 
whom,  ThisisreallysocomplettI  '  '  =, 
that  it  puts<»nc  in  mind  of  Mr.  J;  ^^ 

play,  who  fir^t  conceals  an  army  ni  iviiii:>us- 
fcridge,  and  then  brings  it  to  the  door  indis- 
guise.  In  short  it  is  a  mere  phantom,  gentle- 
men;  the  mere  dream  of  panic-struck  niinds;. 
It  is  a  scheme  so  whimsical  and  romantic, 
that  it  never  could  exist  in  the  mind  of  any 
person  whatever,  unless,  perhaps,  in  the  dis-* 
tempered  brain  of  the  unhappy  man  Watt^ 
who  was  condemned  ia  this  place  yesterday. 

Nay,  I  do  not  eveii  believe,  that  it  was  ever 
seriously  entertamed  by  him  :  and  X  must  be 
allowed  to  form  a  conjecture,  which  appears 
to  me  by  no  means  uostipportcd  by  proof. 
You  see,  gentlemen,  this  Mr,  Watt,  in  the  end 
of  the  year  1792,  and  during  a  considerable 
part  of  the  year  1793,  going  lo  the  lord  advo- 
cate, and  lo  Mr.  Dundas,  the  secretary  of  state, 
with  a  view  to  give  them  information  of  plots 
and  dangerous  meetings  in  this  countr)\  You 
find  him  giving  an  account  of  plots,  which 
never  had  an  existence,  and  giving  information 
of  the  disaffection  of  troops,  where  no  di&afiec* 
tion  had  ever  prevailed.  In  short,  you  find 
him  creating  imaginary  plots,  in  order  to  give 
himself  consequence  and  lo  obtain  money. 

Having  been  unsuccessful  in  these  attempts, 
and  still  desirous  of  pursuing  the  same  object, 
he  writes  lo  the  secretary  of  state,  and  like- 
wise  to  the  lord  advocate,  pretending  that 
he  wanted  1,000/.  for  a  man  who  could  make 
I  a  discovery  of  great  importance.    I  presume, 
?entlcmen,  you  will  be  satisfied,  tlial  if  there 
Bad  been  any  such  important  discovery  to  be 
made,  Mr,  VVall  would  not  have  failed  lo  bring 
it  to  light  or  to  produce  or  point  out  the  person 
who  could  disclose  it*    But  the  whole  was  i 
downright  fiction ;  for  neither  the  plot  nor  th  . 
man  existed,  nor  were  ever  more  heard  of_5^ 
and  Mr,  Watt  finding  that  he  could  neithe 
obtain  the  1,000/.  nor  get  some  post,  which  i|*l 
appears  he  had  likewise  sol  icilctl ;    and  l&nd<^f 
ing  all   his  efforts  ineffectual  and  abortive^/ 
he  then  goes   and    connects    luinself  inortti 
closely  with  the  Friends  of  the  l^eople;  an4j 
I  do  bcbeve,  that  if  he  had  known  or  found! 
any  persons  seriously  adopting  tliis  ndicidou*  j 
scheme  of  seizing  the  Castle,  ike.  he  would  I 
have    gone  to  the  lord  advocate,  and  hava] 
said,   "  Here    is  the  important  discovery  t| 
mentioned  to  you,  and  I  hope  I  bball  now  oh»J 
tain  my  reward/* 

In  snort,  gentlemen,  I  leave  this  conje 
turc  to  your  consideration  .  but,  forioy  owiti 
part,  I  cannot  help  tfiinkmg,  that  this  wild  ' 
and  ridiculous  plan  was  never  even  seriousl/  j 
Ihoucht  of  by  Walt  himself;  iiud  that  he  wa«^ 
merely  Iryin"?;  tt*  'iraw  weak  and  ignorant 
men  into  a  sceniiui;  adoption  of  it«  and  then,  j 
lo  make  a  sacnfitc  of  them  to  his  own  sordid  ' 
and  avaricious  views. 
But;  gentlemen^  I  have  really  oo  oe:asioti ! 


151J 


34  GEOUGE  HI. 


Trial  of  David  Downie 


[152 


to  inquire,  what  were  the  views  and  inten- 
tions of  Mr.  Watt  in  this  scheme;  for  unless 
you  can  connect  Mr.  Downie  with  the  plan. 
It  does  not  sigpify  what  it  was ;  and  you  will 
therefore  consider,  whether  there  be  any  evi- 
dence to  bring  it  home  to  him,  or  to  show  that 
he  bad  any  accession,  or  gave  any  approba^ 
tion  to  it. 

Tliere  are  only  two  witnesses  who  say  any 
thing  as  to  this,  and  these  are  Arthur 
M'Ewan,  and  William  Donthrone,  both  of 
them  members  of  the  Sub-committee  of  Ways 
and  Means;  and  who  were  both  present, 
upon  the  single  and  only  occasion  when  this 
plan  was  produced  by  Watt.  They  describe 
very  particularly  every  thing  that  passed  at 
that  time.  They  mentiou,  that  it  was  not  a 
regular  meeting  of  the  committee,  which  met 
only  on  fixed  nights  of  the  week ;  nor  was  it 
held  at  the  house  of  George  Ross,  wliere  they 
Alwavs  met.  It  was  an  accidental  meetine  at 
the  house  of  Watt  himself,  who  had  asKed 
them  to  come  and  take  a  glass  with  him,  with- 
jout  the  least  notice  or  intimation,  of  his 
having  any  such  plan  to  bring  under  their 
cx)nsideration. 

Now,  gentlemen,  there  is  one  circumstance 
liere  to  ht  remarked,  and  unon  which  more 
depends  than  you  may  at  nrst  be  aware  of, 
and  which  is,  that  there  is  not  only  no  evi- 
deuce  before  ^^ou,  there  ever  was  the  smallest 
notice  previously  given,  that  at  this  meeting 
in  Watt's  house,  any  such  plan  was  to  be 
proposed;  but  you  have  clear  evidence  to 
prove  the  very  reverse.  They  met  there, 
either  for  conviviality  and  pleasure,  or  at  least 
for  no  other  business  than  answering  or 
writing  some  letters  respecting  the  cause  of 
reform. 

At  this  meeting,  the  company  consisted  of 
Mr.  Stoke,  Mr.  Downie.  Mr.  M«Ewan,  Mr. 
Bonthrone,  and  Watt  himself;  and  while 
tliey  were  drinking  their  glass.  Watt  goes  to 
a  cabinet,  and  takes  out  a  paper,  which  he 
brings  in  his  hand,  and  reads  to  them,  with- 
out any  preface  or  previous  notice,  and  with- 
XMi  any  of  tliem,  or,  so  far  as  appears,  any 
person  else,  having  ever  heard  of  it  before.  I 
say  there  is  no  evidence,  nor  even  an  attempt 
to  prove,  that  any  of  the  company  ever  did 
hear  of  it  before ;  and  if  there  is  no  evidence 
that  they  ever  did  hear  of  it  before,  you  are 
most  certainly  bound  to  hold,  that  they  never 
did. 

In  this  manner,  you  have  the  paper  con- 
taining this  strange  plan,  brougnt  out  by 
Watt  from  bis  cabinet,  and  read  by  him. 
Whether  it  was  of  his  own  hand-writing  or 
not,  do«js  not  appear ;  but  it  seems  to  liave 
been  understood  to  be  his.  Now,  gentlemen, 
observe  what  passed.  Did  Mr.  Watt  enter 
seriously  into  a  discussion  of  this  plan,  in 
order  to  show  the  practicability  of  it,  to  ex- 
plain where  they  might  get  money  or  numbers 
to  support  it,  or  to  suggest  those  different 
means  by  ^^^<^h  it  might  be  accomplislied  ? 
liQ.    Not  a  single  s^UiRileof  soy  such  thing, 


but  all  at  once,  he  produces  this  mighty  plan* 
and  reads  it,  not  at  one  of  the  usual  meetings 
of  the  committee,  but  at  an  accidentaljmeeting 
at  his  own  house.  If  he  seriously  wished  for 
the  approbation  of  the  committee,  any  man 
in  his  common  senses,  would  not  have  brought 
it  forth  in  this  cxtraordinarv  and  unexpected 
manner ;  but  would  before  nave  had  it  in  his 
pocket,  and  have  sounded  every  member  indi- 
vidually, previous  to  his  producing  it  to  the 
whole,"^  assembled  together. 

And  you  will  particularly  remark,  what 
the  two  witnesses,  Arthur  M'Ewan  and 
William  Bonthrone,  tell  you  as  to  what  then 
passed.  M'Ewan  says,  he  immediately  ob- 
jected to  the  plan ;  and  that  Bonthrone  backed 
him,  but  that  Downie  said  nothing,  so  far  as 
he  remembers,  nor  Stoke. 

This  is  what  M'Ew^  says ;  but  Bonthrone 
mentions  more  particularly,  that  upon  hear- 
ing the  paper  read,  M'Ewan  said,  he  could 
not  approve,  nor  go  into  any  plan  that  was  to 
create  confusion,  and  to  shed  the  blood  of  his 
countrymen.  And  Bonthrone,  as  he  tells 
you  himself,  was  so  struck  with  the  thing, 
that  he  had  scarce  power  of  recollection  any 
farther  than  to  second  M'Ewan,  by  saying, 
No,  no ;  by  no  means.  He  farther  tells  jrou, 
that  neither  Mr.  Downie  nor  Mr.  Stoke  said  a 
single  word  upon  the  subject,  but  were  per- 
fectly silent.  And  both  M'Ewan  and  Bon- 
throne agree  in  this,  that  there  was  not  a 
word  farther  passed.  Mr.  Watt,  finding  the 
paper  thus  disapproved  of,  took  it  away  with- 
out any  thing  more,  locked  it  up  in  his  cabi- 
net, put  the  key  in  his  pocket,  and  said  not 
another  syllable  upon  the  subject. 

This,  gentlemen,  is  the  fair  amount  of  the 
evidence  of  M'Ewan  and  Bonthrone;   and 
upon  the  account  they  give,    which  is  the 
only  one  you  have  ot  wliat  then  passed,  I 
think  you  are  not  only  to  put  the  natural  and 
just  construction,  but  I  think  you  are  bound 
to  put  the  construction  most  favourable  for 
the  prisoner  at  tlie  bar.    Let  me  suppose,  that 
this  had  been  a  regular  meeting  of  the  com- 
mittee, and  this  paper  or  plan  was  brought 
forward  by  one  of  the  members,  after  which, 
without  being  supported  by  any  body,  it  is 
instantly  opposed  by  another  member,  and  his 
objection  immediately  seconded.    Now,  here 
then  is  a  meeting  consisting  of  five,  one  of 
whom  makes  a  motion,   which,  instead  of 
being  seconded,  is  immediately  opposed,  and 
that  opposition  as  immediatclv  backed.    The 
other  two  members  remain  silent ;  and  what 
is  the  conclusion  to  be  drawn  from  their  si- 
lence? Is  it  not  plainly  and  unequivooinT 
this,  that  they  do  nut  support  the  original 
motion,  but  concur  in  and  approve  of  the  op- 
position to  it } 

Had  not  Mr.  Watt,  the  mover  of  the  bun- 
ness,  fully  understood  this  to  be  the  case,  he 
would  have  called  for  their  opinions,  and  if 
thev  had  concurred  with  him^  he  would  have 
hacf  the  msyority.  But  he  either  was  not  st 
ail  scriousy  or  at  Icftst  found  he  could  g«t  M 


153] 


for  High  Treason. 


A.  D.  I't94. 


[154 


support;  and,  therefore,  vnthout  any  thin? 
more,  he  replaced  the  paper  in  his  cabinet,  and 
said  not  another  word  upon  the  subject.  Nay, 
ftrther,  had  not  Downieand  Stoke  totally  dis- 
approved, we  shotild  have  found  them  arm- 
ing in  support  of  the  scheme,  and  combating 
the  objections  of  M'Ewan  and  Bonlhrone, 
wliereas  they  at  once  acquiesce,  and  Mr.  Watt 
standing  single,  the  scheme  was  totally  re- 
jected. 

You  will  also  attend  to  this,  gentlemen, 
that  this  plan  was  never  agun  brought  for- 
ward by  Watt  at  any  other  time,  nor  upon 
aoT  other  occasion.  It  never  had  been  heard 
of  before,  nor  was  it  ever  heard  of  after ;  and 
Bonthrone  has  told  you,  that  he  never  con- 
ceived it  as  a  plan  proposed  in  a  serious  way, 
but  considered  it  as  a  kind  of  frenzy ;  and  he 
addf,  that  the  committee  never  would  have 
adopted  such  a  plan.  In  short,  this  ridicu- 
Join  plan  never  made  its  appearance,  except- 
ing upon  the  single  and  solitary  occasion 
which  has  been  mentioned ;  and  then  Mr. 
Downie,  in  place  of  acceding  orgivinj^any 
support  to  it,  did,  on  the  contrary,  acquiesce 
ana  concur  in  its  absolute  rejection. 

And  here,  gentlemen,  I  must  be  pardoned 
for  troubling  you  with  reading  one  other  pas- 
sage from  Mr.  Justice  Foster,  because  it  is 
exceedingly  applicable  to  the  particular  now 
aader  consideration.  It  is,  where  he  is  speak- 
ing as  to  what  the  law  holds  an  assent  to  any 
overtures  for  compassing  the  death  of  the 
king. 

He  says,  "  If  a  person  be  but  once  present 
it  a  consultation  for  such  purposes,  and  con- 
cealeth  it,  having  had  a  previous  notice  of  the 
design  of  the  meeting,  this  is  an  evidence 
proper  to  be  left  to  a  jury  of  such  assent, 
though  the  party  say  or  do  nothing  at  such 
consultation,  the  law  is  the  same  if  he  is  pre- 
sent at  more  than  one  such  consultation,  and 
dotii  not  dissent  or  make  a  discovery ;  but  in 
the  case  of  once  foiling  into  the  company  of 
oonspiraton,  if  the  party  met  them  acciden- 
laUy,  or  upon  some  indifferent  occasion,  bare 
concealment,  without  express  assent,  will  be 
but  misprision  of  treason." 

From  this  you  sec,  that  the  circumstance  of 
a  person  being  once  present  at  a  treasonable 
consultation,  and  there  neither  saying  nor 
doing  any  thing,  does  not  fix  a  crime  upon 
him,  unless  he  had  previous  notice  of  the  de- 
sign of  the  meeting;  but  if  a  person  be  pre- 
sent a  second  time  at  such  consultation,  he  is 
held  to  lie  himself  guilty,  unless  he  doth  ex- 
presslv  dissent  or  make  a  discovery.  The  law 
thereiore  is,  that  the  being  only  once  present 
at  soch  a  meeting,  without  there  giving  any 
express  assent,  does  not  infer  the  crime,  unless 
he  had  previous  notice  of  the  purpose  of  the 
meeting;  aud  I  am  sure  you  will  be  under  no 
diflicolty  of  applying  this  to  the  circumstan- 
ces of  tlie  present  case. 

You  have  most  satisfying  evidence,  that  no 
pi^^Hnis  notice,  nor  intimation,  nor  even  hint 
"f  nny  kmd,  was  ever  given  cither  to  Mr. 


Downie  or  any  one  else,  that  such  a  plan  or 
paper  was  to  be  brought  before  them.  It  was 
never  heard  of,  nor  mentioned  before,  but 
Watt  brought  it  out  upon  them  by  surprise. 
Nay,  farther,  gentlemen,  I  do  not  think  that 
the  matter  rests  merely  ujwn  Mr.  Downie's 
having  given  no  assent;  for  it  is  perfectly 
clear,  that  he  did  actually  dissent,  as,  instead 
of  giving  any  countenance  or  support  to  the 
plan,  he  at  once  acquiesced,  in  its  rejection. 
When  in  any  meeting,  a  proposal  or  motion  is 
made  by  any  member,  and  not  seconded  by 
any  body  else,  it  is  presumed  to  be  rejected 
by  all  the  rest,  even  although  none  are  at  the 
trouble  of  speaking  in  opposition  to  it ;  but 
when  it  is  actually  opposeu,  and  that  opposi- 
tion seconded,  then,  if  nobody  supports  the 
mover,  the  conclusion  that  all  the  rest  concur 
in  disapproving  of  the  motion,  is  certain  and 
infallible.  And  together  with  all  this,  you 
will  remember  what  an  idle,  absurd,  and  ridi- 
culous plan  this  was,  not  meriting  any  serious 
attention,  but,  as  I  think,  brought  forth  by 
Watt,  with  the  treacherous  design  of  inveig- 
ling and  ensnaring  others. 

I  might  here  otlcr  some  remarks  upon  the 
evidence  of  John  Fairley,  by  which,  tliere  was 
some  attempt  made  to  connect  Mr.  Downie 
farther  with  the  absurd  plan  of  seizing  the 
Castle ;  but  T  shall  reserve  saying  any  thing 
as  to  this  till  afterwards,  and  shall  now  beg 
leave  to  go  to  another  point,  and  which  is, 
the  making  of  the  pikes  or  arms,  those  horri- 
ble weapons  which  you  had  this  day  exhibited 
to  your  view,  and  cannot  be  presented,  with- 
out impressing  the  mind  witii  horror  and  in- 
dignation at  those  who  could  be  employed  in 
such  a  business. 

And  here,  gentlemen,  I  am  sure  I  need  not 
tell  such  intelligent  persons  as  you  are,  that 
in  trying  the  present  case,  you  are  carefully 
to  divest  your  minds  of  every  prejudice,  and 
to  lay  aside  every  impression  that  may  have 
arisen  from  your  hearing  of,  or  from  your  be- 
holding these  weapons. — ^I'here  are  many  ru- 
mours, also,  which  yuu  may  have  heard 
without  doors,  and  many  an  account  of  atro- 
cious plots,  that  never  had  an  existence.  It 
is  difficult,  I  know,  to  guard  against  the  influ- 
ence of  such  prepossessions;  but,  on  that  ac- 
count, it  becomes  only  the  more  your  duty  to 
be  watchful,  and  to  permit  nothing  but  the 
evidence  you  have  heard  this  day,  to  enter 
into  your  mind,  when  you  arc  entrusted  with 
the  life  of  your  fellow  citizen. 

In  what  I  am  thus  taking  the  liberty  of 
saying,  I  am  only  following  what  was  much 
better  expressed  by  the  honourable  judee, 
who  presides  in  this  court,  and  who,  in  his 
excellent  and  candid  charge  to  the  grand  jury, 
told  them,  they  were  not  to  allow  any  pre- 
possessions, nor  any  cxtraneoub  nmtter  what- 
ever, to  impress  their  minds  in  the  smallest 
dcKTCC,  but  to  throw  aside  all  prepossession, 
aim  to  consider  singly  aud  only  the  evidence 
that  was  brought  before  them.  This  was  tho 
wise  caution  the  honourable  judge  gave  tot&v^^ 


155] 


34  GEORGE  m. 


Trial  of  David  Downie 


[155 


Qd  jury,  and  I  hope  1  shall  not  be  thought 
doing  wrong,  \u  enueavourlng  to  impress  it 
upon  your  minds.  The  gmnd  jury  had  no- 
thing more  to  do,  tlmn  to  consider  whether 
there  was  sufhcient  ground  for  sending  the 
matter  to  trml ;  but  yoU|  gentlemen,  have  a 
much  more  important  charge,  for  you  have 
now  tlic  life  of  the  prisoner  in  your  hands, 
and,  in  dbcharginj;  Umt  moht  momentous 
duty»  you  musl^  an3  I  am  sure  you  will,  be 
careful  to  let  nothing  enter  into  ygur  consider- 
ation but  the  evidence  brought  before  you. 

With  regard  to  the  circumstance  of  mak- 
ing these  arms,  I  will  endeavour  to  state  to 
you  tbe  substance  of  the  evidence;  and  I 
trust  I  shall  do  it  fairly.  The  first  witness  is 
WilJiam  Urrotk,  a  smith,  who  was  a  member 
of  Uie  society  of  the  Friends  of  the  People,  at 
the  Water  of  Leith,  and  one  of  their  delegates 
to  the  CommiUce  of  Union. 

He  gives  you  a  history  of  these  pikes  frqm 
the  bcgimitng,  and  mentions,  thdt  being  one 
day  in  some  place  reading  the  newspapers, 
stmebody  there  said,  he  heard  arms  had  come 
down  for  the  Goldsmiths  hull  gentlemen. 
Upon  tbis,  some  other  person  said,  they 
should  apply  also  for  aniis;  but  thereupon, 
Mr.  Walt,  who  was  present,  said  they  would 
not  get  them,  but  that  he  knew  no  law  in  ex- 
istence to  hinder  them  from  getting  arms  for 
Iheroficlvcs,  Orrock  mentions,  that  then  the 
conversation  turned  upon  the  report  of  an  in- 
vasion, and  said  he  thought  he  could  make  a 
weapon  for  liimself. — There  the  matter  seems 
to  have  droppe<i,  but  Orrock  tells  you  tliat 
sometime  thereafter,  he  did  make  a  weapon 
for  himself. 

Orrock  next  tells  you,  of  his  being  one  day 
sent  for  by  Watt  to  come  and  speak  to  him 
in  the  house  of  Arthur  M*Ewan  at  the  Water 
of  I^ith,  and  he  then  told  Walt  what  kind  of 
weapon  he  had  made,  rpon  this,  W^att  said, 
a  dirterent  one  would  be  better,  and  accord- 
ingly Orrock  made  one  agrccuble  to  Watt's 
directions,  After  this,  he  brought  up  both 
tliat  which  he  had  made  for  himbclf,  and  that 
which  he  had  made  for  W^att,  to  the  house  of 
George  Ross  where  the  Committee  of  Union 
usually  met.  He  says  he  did  not  show  them 
to  the  Committee  of  Union,  but  that  there 
wats  another  room  where  others  wore  met,  and 
where  he  says  Downie  was  present,  To  tliis 
company  he  showed  those  weapons,  and 
somebody  made  a  drawingof  an  improved  form, 
and  he  says  he  was  desired,  ami  as  he  thinks, 
both  by  Wall  and  Downie,  to  keep  Ihatdrawfng 
in  his  view  in  making  any  more.  He  next  tells 
you,  that  after  he  had  left  the  room,  and  be- 
lore  he  quitted  the  house,  Walt  came  to  him, 
and  repeated  the  same  directions,  and  that 
Downie  was  then  along  with  Walt;  and  ho 
farther  says,  that  afterwards  Watt  came  to 
liim  at  his  own  hoi»-  ^sircd  bicn  lo 

make  towards  tlirc<*  «l.  i  m. 

r    .\VD,  Ukg- 
^*  ,  by  the 

Otiii'js  vi  i>ii.  V'l  attj  ijc  Luau^  i ounce n  pikes  of 


one  kuid,  and  one   of  anottier  kind,  and 

brought  them  all  home  to  Watt.  ti(K>n  ask* 
ing  payment,  W^att  said,  he  was  sorr>^  he  had 
not  money  then  to  give  him,  but  the  witness 
mentioning  that  he  needed  money  at  the  time> 
Walt  said,  that  although  he  had  not  tlien 
money  himself,  he  would  get  it  from  another 
persoD,  and  accordingly  he  wrote,  and  gave 
nim  an  order  upon  Downie  for  the  money ^ 
ivhich  was  l/,  2s.  Od.  This  order  did  not  in 
the  least  mention  what  the  money  was  for, 
and  when  Brown  went  to  Downie  and  got  the 
money,  he  tells  you,  that  he  did  not  sty  a 
single"  word  to  Downie  as  to  what  the  money 
was  for,  nor  did  Downie  ask  him.  It  was  an 
order  in  the  same  way,  as  if  Watt  had  beea 
borrowing  the  money  from  Downie. 

The  imrd  witness  is  Margaret  Whttecrosi^ 
who  was  maid  servant  inDownie*s  house  la&t 
winter  and  spring,  and  she  tells  you,  that  on% 
morning  she  saw  in  her  master's  dining-room^ 
somethmg,  which  the  prosecutor  would  have 
you  suppose  was  one  of  those  pikes.  She 
says,  that  the  night  before,  her  mastar  had 
been  abroad  at  supper,  and  was  rather  late  of 
coming  home.  \\' ith  a  candle  in  her  hand, 
she  opened  the  door  and  let  Inm  in,  but  she 
does  not  sav  that  she  perceived  any  thing  in 
his  hand,  althou|h,  surely,  one  of  those  pikes 
was  not  a  thing  that  could  be  hid  from  a  girl's 
eye  with  a  cantlle  in  her  hand.  Next  morninff 
early,  she  goes  into  the  dining  room,  and 
there  she  sees  something  lying,  which  she 
neither  touched,  nor  took  in  her  hand,  nor 
liardly  ever  looked  at;  and  Mr.  Downie's  sen 
came  out  of  an  adjoining  closet,  when  bo 
heard  her  in  the  room,  and  took  the  thing 
away.  She  says,  she  heard  her  mistress  allt  r- 
waids  call  it  a  dividing- knife.  But  she  never 
saw  it  either  before  or  after  the  time  t*he  men- 
tions, and  saw  it  then  so  very  slightly,  that 
she  is  exceedingly  indistinct  in  her  account  of 
It.  She  was  asked  whether  it  Wkis  like  anj 
of  these  now  lying  upon  the  table,  and 
that  she  could  say  was,  that  it  mij^ht  be  lih 
it;  although,  gentlemen,  none  ot  these  hav^ 
any  resemblance  to  a  dividing-knife;  and  In^ 
deed  they  arc  so  pecuhar  in  their  appearanca 
that  if  what  she  saw  in  her  master's  dining 
room  had  been  one  of  them,  she  could  not^ 
have  forgotten  it. 

Now,  genllemen,  you  will  consider  whethe 
this  can  fairly  be  held,  as  hxing  upon  Mr^ 
Downie  any  connexion  with  those  p'L'^' 
does  not  pretend  lo  say,  tliat  slir 
Downie  brmg  it  home,  nor  did  sh* 
him  have  it  m  his  hand,  nor  can  sh<_     >     liiail 
he  ever  knew  of  sucii  a  thing  hein     i 
house.    Can  you  believe,  that  if  j^  n  J 

one  of  those  pikes,  Mr.  Downie  v^  e 

been  so  imprudent  as  lo  have  left  it  in  the 
open  dini ng- root n'  And  ifil  had  be^n  one 
ofth..  '      ^'  ■       '  ^      ■    '      r 

givri  ^ 

to  V  J 
jnotc  f 


157] 


Jot  nigh  Trcasotu 


tnft  «iad  catiee«!!og  these  weapons,  it  ts  not  to 
b«  iktilvtft)^  tltat  n  inimbcr  of  them  would 
lui^e  hcen  found  there;  and  yet,  ^eatle- 
mctif  vDii  have  the  roost  satisfactory  evidence, 
ihtt  atihongh  a  strict  se^cb  was  tnade,  not 
»vii^  one  was  found  there, 

*     *  ■     I  and  Middleton,  the  two  sheriff- 
L  :  been  examined  as  witnesses,  and 

%D€y  win  d'^ee  that  none  of  the  pikes  were 
Imm^  en  Ikvwnie's  house.  Miadtcton,  in 
sajrs,  that  the  search  in  Walt's 
wais  made  upon  Thursday,  15th  May, 
i»n  i  w*  v.  f  at  DJghl  and  one  in  the  morn- 
;  u:  liic  search  in  Downie's  house 

*  n.  ery  next  day;  and  although 

I'lites  in  Watt's  house,  they  found 
I  wnie's.  Is  it  Hkely,  then,  gentle- 
ieB»  iliat  Mr  Downie  should  have  been  pos- 
tamA  ^jf  tho*»e  weapons,  and  yet  not  so 
liidi  '  <^  of  their  being  either  about 

wmv^  ■  juse.^ 

[  Bi^wn  tciJsyou,  that  all  those  which  were 
by  him,  he  carried  home  to  Walt, 
Agtio  made  by  Orrock,  were  seized 
Ihejf  were  still  in  Orrock's  own  posses- 
The  sheriff-officers  tell  you,  that  al- 
Jb  ibcy  made  the  strictest  search,  yet 
could  find  oo  such  thing  in  Downie*s 
Excepting^  therefore,  the  loose  and 
CTidence  of  Margaret  Whilecross, 
llie  iBtid«»^n*antf  you  have  nothing,  gentle- 
meOf  litat  t^ive  room  even  for  a  suspicion  that 
Miyooe  or  them  ever  was  tn  his  houses  and 
ifte,  mtA  only  SDeaks  of  what  she  tsaw,  as  a 
'og  lolaJly  unlike  those  pikes,  but  she  does 
prvlftirj  to  say,  that  she  ever  saw  Mr. 
borne,  nor  take  it  away,  nor, 
V  connexion  with  it  whatever, 
know  very  well,  that  gold- 
Downie,  generally  have  a 
"  ^hcir  own  house,  and  no- 
r  them  than  to  have  old 
'it I, i^r  such  arms,  from 
il  they  find  of  any 
filue.       vv  might    not   Mr. 

Duva^    Ri  have    some    old 

^nnpcm  in    :  ,  which  might  be, 

nlHlt  t-  ervant  alludes  to, 

^Mu  lie.     Why  upon  80 

Mcoi  inci  a  descrintion,  are 
foc  t»  it  was  actually  one  of 
ilMSe  (ms  who 

kpi^r  ,  swords, 

,  uni;  lU^LTLr'j  ij  uc  hard  and 

tj]d<^d,  to  from  thence, 

f  Ir^'*  •' *  "   '  lible  purpose. 

la  tftibn,  you  cau  lay 

l»i™^ , .,    .ague  evidence 


riiimeib 

Wc^   Doirzi 
BuHmdoa 


at  girl ;  and  Jis  lo  Uic  only  two 
'"I.  ilnnvh  itiid  Orrotf^.  it  must 
one  nor 
ininal  to 
!cnce  of 
smallest 


BrciWD  Hl\»  you,  thai  it  was  Mr.  Watt 
ikofi  wbo  emptied  uid  directed  him  to 


A.  a  179*.  [I5S 

make  these  pikes,  and  tliat  no  other  person 
ever  spoke  to  him  upon  the  subject.     He 
made  them  for  Watt,  and  when  they  were 
made,  he  carried  them  home  to  Walt.    Downtc 
was  nol  present  when  the  order  was  given^ 
nor  is  there  the  least  reason  to  suppose  that 
he  knew  any  th'mg  at  all  of  the  matter.    As  lo 
the  circumstance  of  Brown's  receiving  pay- 
ment from  Downie,  you  have  heard  how  i%_ 
happened.  Wall,  not  having  the  money  whe^  " 
Brown  pressed  for  it,  gave  an  order  upod 
Downie  for  it;  but  that  order  did  not  expreal 
what  the  money  was  for ;  and  Brown  expressij 
ly  tells  you,  that  he  neither  told  Downit 
what  it  was  for,  nor  did  Downie  ask  hin.. 
In  short,  it  was  nothing  more  than  the  Irifliii^ 
sum  uf  1/.  7m.  6(/.  which  Downie  advanced  fctfj 
Watt,  without  inquiring  or  knowing  what 
was  for ;  and  you  have  no  reason  lo  suppos- 
and  still  less  any  right  to  conclude,    that] 
Downie  knew  the  money  he  thus  advanced 
was  for  making  pikes. 

Any  thing  said  by  Brown,  therefore,  docs  no , 
in  the  most  distant  degree,  affect  Mr.  Downie  j 
and,  as  I  liave  shown  that  the  evidence 
Margaret  Whitecross  ought  to  be  totally  dls^l 
regarded,  so  there  is  nothing  else  remaining 
as  to  these  pikes  but  the  single  testimony  <  _ 
Orrock,  the  smith,  who  says  he  made  towards^ 
three  dozen  of  them  for  Mr.  Watt,  and  who 
you  will  remark,  having  been  thereby  an 
complice  in  that  business,  is  now  a  prisonef  1 
in  the  Cabtle  of  Edinburgh,  and  comes  betbral 
you  under  the  character  of  a  Socius  Criininix. 

I  have  already  stated  to  you,  gentlemen^] 
the  substance  of  what  this  Mr.  Orrock  sayi»j 
and  you  will  Judge  what  degree  of  credit  you 
can  give  to  his  evidence-  ^  ne  making  oft 
arms  at  all,  seems  to  have  originated  from] 
himself,  and  from  an  id^  that  other  people 
as  well  as  the  Goldsmiths-hall  genilemen 
were  entitled  lo  have  arms  in  case  of  an  inv^H 
sion.  He  accordingly  made  one  for  himself;! 
and  the  intercourse  afterwards  about  making  ] 
more  was  entirely  between  him  and  Mr,J 
Watt.  As  to  his  afterwards  bringing  up  two] 
to  George  Rose's,  and  showing  them  thcr 
one  evening  iii  a  company  where  Mr.  Downie  J 
was  present,  you  will  remark,  he  does  noti 
say  that  he  had  been  desired  to  do  so,  nor] 
that  he  had  any  sort  of  orders  for  these  pikes^l 
either  from  the  Committee  ot  Union,  or  fromj 
the  Sub-Committee  of  Ways  and  Means.  loi-] 
deed,  you  have  not  the  least  evidence,  tliat] 
cither  of  those  coraniiltecs  did  cverautho-l 
rize  any  such  thing,  or  know  any  ihingj 
about  the  making  these  weapons :  and  yoiftS 
have  not  only  no  evidence,  but  you  have  not! 
even  the  shadow  of  reason  to  suppose,  thafj 
Mr.  Downie  evet  heard  of,  or  knew  any  thi]  ^ 
about  the  pikes,  till  they  were  accidentally  j 
brought  in  the  way  I  have  mentioned,  andj 
shown  to  the  company  in  wtiich  he  happen 
to  be  at  Ross's, 

The  circumstance  of  some  one  in  the  com- J 
pany  taking  out  n  pencil,  and  sketching 
teller  fornii  might  just  as  readily  he  " 


159] 


34  GEORGE  IIL 


T4qI  of  David  Dawnie 


[160 


amiiflement  as  from  any  thing  else ;  aiid  the 
desiring  Qrrock  to  keep  that  sketcli  in  liis 
view,  might  easily  happen  in  the  8ani(e  way. 
It  is  certainly  no  material  circumstance 
against  Downie,  that  he  should  chance  a 
little  while  after,  to  be  in  a  passage  in 
Ross*s  house,  when  Watt  repeated  something 
of  the  same  kind  to  Orrock ;  and  it  is  of  great 
importance  for  you  to  remarky  gentlemen, 
timt,  excepting  upon  this  single  occasion  at 
George  Ross's,  there  is  not  so  much  as  a 
word  in  the  evidence,  cither  of  Orrock,  or  of 
any  other  witness,  which  can  tend  to  sliow 
that  Mr.  Downio  gave  any  orders,  liad  any 
concern,  or  knew  any  thing  whatever  regard- 
ing those  pikes.  In  short,  if  ^ou  are  to  fix 
any  euilt  upon  him  as  to  this  business,  it 
must  t>e  founded  on  the  solitary  testimony  of 
Uiis  Mr.  Orrock,  swearing  to  casual  words 
passing  at  a  tavern  meeting,  where  Mr. 
Downie  happened  to  be  present. 

You  will  also  have  it  in  your  view,  gentle- 
men, that  the  law  does  expressly  require  either 
two  lawful  witnesses  to  each  overt  act,  or  one  of 
them  to  one,  and  the  other  of  them  to  another 
overt  act  of  the  same  treason.  Mow,  even 
supposing,  that  this  circumstance  as  to  the 
pikes,  could  be  held  an  overt  act  of  the  treason 
nere  charged,  which  I  tnibt  I  shall  show  you 
it  cannot  DC  ^  and  if  you  are  satisfied  also, 
that  Orrock  is  the  sing^lc  and  only  witness, 
whose  testimony  tends  in  the  least  degree  to 
afiect  Mr.  Downie,  then  I  maintain,  that  this 
is  not  such  evidence  of  an  overt  act,  as  the 
law  demands.  He  is  but  a  single  witness, 
and  I  am  sure  he  cannot  be  held  a  lawful  or 
unsuspected  witness,  because  lie  is,  by  his 
own  confession,  an  accomplice,  or  sochti  cri- 
minii\  and  if  the  gentlemen  nn  the  other  side 
should  tell  me,  that  one  witness  is  sufficient 
to  prove  this  overt  act,  because  there  are  other 
overt  acts  proved  by  other  witnesses,  I  give 
them  this  clear  and  satisfactory  answer,  that 
I  flatly  deny  these  other  particulars  to  be  in 
any  decree  such  as  can  by  law  be  held  overt 
acts  of  the  species  of  treason  whidi  is  here 
charged,  of  compassing  or  imagining  the 
death  of  the  king.  1  Batter  myself  that  I 
have  already  satisfied  you  of  this;  and,  if  I 
liavc,  then  this  as  to  the  pikes,  even  suppos- 
ing it  an  overt  act,  which  I  shall  im- 
mediately show  you  it  was  not,  it  rests  solely 
upon  the  evidence  of  Orrock,  a  single  wit- 
ness, and  one  very  far  from  being  beyond 
suspicion. 

And  here,  gentlemen,  permit  me  to  entreat, 
|hat  you  will  calmly  consider  this  business  as 
to  the  pikes,  and  not  let  yuur  minds  be  im- 
pressed by  their  frightful  appearance,  nor  be 
flurried  away  by  supposition  and  conjecture. 
Take  every  circumstance  into  your  view,  and 
then  let  me  ask.  If  you  can  really  conceive, 
that,  in  making  these  pikes,  there  cuuld  be 
any  serious  object  or  purpose  of  overturning 
the  constitution  P  Who  were  to  use  them  r 
Itad  the  Committee  of  Union  adopted  them? 
By  no  means.    For  M*£wui  ani)  fionUuone 


not  only  say  no  such  thing,  but  they  in  direct 
terms  tell  you  that  they  never  heard  of  arms. 
Did  either  the  Committee  of  Union  or  the 
Sub-cominittee,  know  of  the  making  these 
pikes,  or  order  them  ?  No,  they  knew  nothing 
of  them. — You  liave  not  only  no  evidence  of 
their  knowing  of  them,  but  you  have  evi-. 
dence  that  they  did  not. 

If  evidence  liad  been  brought  before  you, 
gentlemen,  that  these  committees  had  expli- 
citly resolved  to  levy  war  to  overturn  the  go- 
vernment, and,  in  pursuance  of  this,  had  or- 
dered these  pikes  or  other  arms  to  be  pre- 
pared, there  might  then  have  been  at  least 
some  better  colour  for  the  charge.  But,  gen- 
tlemen, you  have  no  such  proof  before  you ; 
and,  on  the  contrary,  the  very  members  of 
tliese  committees  who  have  been  examined  as 
witnesses,  do  expressly  swear,  that  they  had 
no  hostile  intentions,  and  that  they  gave  no 
onlers  for  arms,  nor  knew  of  any  being  pre- 
pared ;  and  if  this  be  the  evidence,  are  you  to 
give  way  to  mere  suppositions  and  conjec- 
tures ?  are  you  at  liberty,  gentlemen,  to  ima- 
gine and  fancy  plots  and  treasons  without 
proof,  and  to  presume  these  weapons  intended 
for  a  wicked  purpose,  without  so  much  as 
evidence  that  any  such  wicked  purpose, 
was  ever  formed? 

Consider  also,  I  pray  you,  what  was  the 
amount  and  number  of  the  pikes  that  were 
made  ?  Towards  three  dozen  were  made  by 
Orrock,  and  about  fourteen  bv  Brown.  In 
short,  the  number  of  the  whole  did  not  ex- 
ceed fifty ;  and  where  was  the  fund  to  defray 
the  expense  of  making  more?  Watt  had  not 
money  to  pay  even  the  fourteen  made  by 
Brown ;  and  as  to  the  money  belonging  to 
the  committees,  you  have  seen  that  it  was 
not  only  trifling  and  scanty,  but  farther,  tliat 
the  committees  had  no  concern  with  these 
pikes,  and  never  either  ordered  or  knew  any 
thing  about  them.  It  was  Watt,  and  Watt 
alone,  who  ordered  them ;  and  it  seems  to 
have  been,  from  beginning  to  end,  one  of  hie 
own  wild  incoherent  absurd  chimeras,  or  very 
likely,  a  trcaclicrous  and  perfidious  design,  to 
forward  his  own  avaricious  views.  Even  if 
lie  could  liavo  got  funds  for  making  a  greater 
number  of  these  pikes,  he  neither  had  nor 
could  have  got  persons  who  would  use  them 
towards  any  hostile  purpose ;  and  to  suppose, 
\  therefore,  that  these  pikes  could  be  prepared  for 
I  the  criminal  and  wicked  purpose,  of  overturn- 
ing the  constitution  of  Great  Britain,  is  as 
ridiculous  and  extravagant,  as  to  imagine, 
that  his  foohsh  and  unmeaning  plan  ot  sei- 
zing the  Castle  uas  ever  seriously  enter- 
tained. 

Having  said  so  much  as  to  tliese  pikes^ 
there  is  another  particuUr  as  to  which  you 
had  a  number  of  witnesses  examined,  and 
whidi  is  the  advertisement  respecting  the 
Fencibles.  At  the  same  time,  1  do  not  think 
it  necessary  for  me  to  trouble  you,  with saviqg 
much  upon  it.  You  will  remark  that  there 
is  no  mention  whatever  of  it  in  the  indicl- 


161] 


for  High  Treason. 


A.  D.  1794. 


[162 


meni;  and  yet,  by  the  statute  of  king  Wil- 
h'jm,  it  is  in  tlie  most  direct  terms  enacted, 
••  That  no  evidence  shall  be   admitted    or 

Eiven  ot'any  overt  act,  that  is  not  expressly 
lid  iu  the  indictiueut  against  any  person  ur 
persons  whj lever." 

it  is  perfectly  clear,  therefore,  thit  this 
canuot  be  admitted  nor  founded  upon  as  an 
oven  act,  because  it  is  not  laid  nor  mentioned, 
iu  the  indictment ;  and  indeed,  a  nionient*s 
reflection  muist  at  once  satisfy  you,  tlrat  even 
u  it  had  been  set  forth  in  the'  indictment,  the 
very  circum&t.ince  itself  could  never  come 
under  the  description  of  an  overt  act  (if  the 
treason  charged.  Indeed,  I  think  it  was 
most  improperly  introduced  by  the  prosecutor 
and  it  ought  to  meet  with  no  regard  or  atten- 
tion from  you. 

As  to  the  paper  itself,  you  heard  it 
read,  and  it  certainly  was  of  an  improper  na- 
ture, and  such  as  I  cannot  by  any  means  seek 
to  justify ;  but  improper  and  even  criminal  as 
jxAi  may  view  it,  you  will  consider,  in  the  first 
piace,  huw  Ur  it  is  brought  home  to  the  pri- 
aooefy  and,  in  the  next  place,  what  of!cnce  it 
tdouuis  tu  ?  You  have  no  evidence,  nor  in- 
deed has  it  been  attempted  to  be  proved,  that 
Mr.  Downie  was  the  author  of  it ;  and  as  to 
his  bavins;  any  concern  in  dispersing  a  few 
copies  of  It,  L  am  sure  that  this,  however  im- 
proper, cannot  with  any  reason  be  C4>nnccted 
with  a  charge  of  compassing  the  death  of  the 
kiaig.  To  Mduce  any  of  his  majesty's  kbrces 
fran  their  duty,  is  certainly  criminal;  but  it 
cmoot,  in  the  eye  of  law  or  of  common 
^ense,  be  deemed  liigh  treason.  I  am  con- 
adeDty  gentlemen,  you  will  consider  the  mat« 
ter  in  ibb  light,  and  will  throw  this  particular 
CDtirely  out  of  your  view. 

1  had  almost  tbrgot  to  take  notice  of  the 
evidence  of  John  Fairley,  the  gentleman 
wauax  I  had  occasion  to  mention  to  you  for- 
Berly,  as  the  ambassador  sent  through  the 
CMiutry,  by  the  sub-committee  of  Ways  and 
Means ;  but  I  do  not  think  it  will  be  requisiitc 
for  me  to  detain  you  with  many  observations 
Lpon  wliat  Mr.  Fairlcy  says. 

He  in  substance  tells  you,  that  he  was 
ffotng  upon  a  visit  to  his  sister,  who  w:ism;iid- 
cervant  in  a  gentleman's  family  in  Stirling- 
shire :  but,  wTietlier  that  was  the  real  inteu- 
LK»a  of  his  journey  or  not,  is  of  no  consr(|U(;nce. 
Ue  was  employeii,  at  the  same  time,  to  vibit 
ine  friends  of  reform  in  different  places,  in 
c^r  to  know  what  were  their  sen  ti  men  Is ;  to 
inquire  whether  the  cause  was  prospering  or 
4i<.ca>ing ;  to  know  who  were  attached  to  it ; 
t>  learn  what  correspondence  might  be  kept 
up,  and  what  money  might  be  expected. 
iLe^e  were  the  sole  objects  for  which  Mr. 
iaiTtey  was  employed  by  the  committee ;  and 
irym  what  you  saw  of  this  same  ambassador, 
I  ca&QOt  doubt  you  will  be  satisfied,  that  if 
i&y  thing  really  criminal  had  been  in  the  view 
4?  the  committee,  he  was  not  the  person, 
«ham  they  wuuld   have  chosen  to  entrust 

vjtb  tuch  a  negociation.    Nay,  even  if  the 
VOL.  XXIV. 


committee  had  been  so  absurd,  I  do  not  think 
the  Friends  of  the  People  at  a  distance,  would 
have  been  so  wanting  in  common  sense  and 
prudence,  as  to  liave  committed  themselves 
to  him,  or  to  listvc  entrusted  him  with  any 
treiisonable  secn't. 

But,  while  the  inquiries  I  have  mr.ntioni>d, 
were  ail  which  the  commitloe  liad  in  view;  yet 
it  appears,  from  what  Fairley  says,  that  he  ro- 
ceivcd  some  other  insli  notions  from  Mr. 
Watt,  and  I  beg  you  will  allciid  to  the  manner 
in  wliich  those  wore  given  him.  From  thq 
committee  he  received  no  other  instructions, 
but  to  m.ike  the  uiquiries  I  have  already 
mentioned  ;  and,  indeed,  the  committee  had 
no  other  object  in  view.  It  was  a  perfectly 
fair  object;  for  it  had  no  other  intent  than 
carrying  on  the  cause  of  reform,  in  a  legal 
and  constitutional  way ;  and  Fairley  was  to 
get  from  Mr.  Downie  thirty  shillings  of  the 
money  belonging  to  the  committee,  in  order  to 
defray  the  expense  of  his  journey.  Thus  far, 
the  matter  was  the  business  of  tlic  committee ; 
but  Mr.  Watt  desired  Fairley,  before  he 
should  set  out,  to  call  at  the  shoo  of  one  Mr. 
Campbell,  where  there  would  be  lying  for 
him  a  parcel  which  he  was  to  carrv  along 
with  him.  Fairley  accordingly  called  at 
Campbell^,  and  having  got  the  parcel,  set  out 
jon  his  jdiuney. 

I  think  Fairley  said,  that  Watt  desii^ed  him 
not  to  open  the  parcel,  till  he  should  come  to 
Stirling,  or  some  other  place,  and  accordindv 
Fairley  obeyed  this.  When,  however,  he  did 
open  the  parcel,  he  found  there  a  paper  of  in- 
structions written  by  Watt,  and  which  men- 
tioned the  foolish  plan  about  seizing  the  Cas- 
tle, and  other  things  of  the  hke  kuid.  This 
paper  of  instnictions,  however,  had  never  been 
read  to,  nor  seen  by  the  committee,  but  was 
entirely  the  opemliou  of  Mr.  Watt  alone. 
From  'what  Fairley  says,  and  from  the  evi- 
dence of  Dr.  Forrest,  you  sec  how  little  en- 
couragement any  such  wild  plan  met  with 
from  the  Friends  of  Uefurm  at  Stirling;  and, 
indeed,  they  seem  to  have  been  spoken  of 
there  only  in  the  slighlost  manner ;  fur  Dr. 
Forrcbt  tells  you,  that  I'.iirlcy  expressly  said, 
the  purpose  for  which  he  had  been  sent  hy 
the  (-(anmillee  of  Edinburgh,  w;is  in  onlor  to 
coiled  some  uioney  for  Mrs.  Skirviiig,  and 
other  tViends  that  \*  ere  in  distress. 

Fruni  Stirling,  Mr.  F.iirlcy  proceodid  to 
Glasgow,  Faisley.and  other  places,  and  then 
returned  to  Fdinhui^h.  When  he  tame  to 
town,  he  wont  lir>t  to  his  t  ither'a  house, 
and  then  wvui  to  iho  cuinmittir,  il  hap- 
pening to  he  a  nis^lit  on  wliicli  he  knew 
they  usually  uicl.  \\  U^n  ht:  went  llieie, 
he  found  \Valt,  DiwiiiL-,  and  M^Kwaii. 
1  do  not  recollt:<l  if  h''  nicnlionod  any  body 
else;  and  you  will  particularly  remark  what 
then  parsed.  Had  Ihr  paper  of  inblrnclions 
been  iriven  to  him  by  the  toinmittee,  or  by 
authority  of  the  conimiltee,  surely  the  tir.st 
thing  would  have  been  for  them  to  inquivi^ 
what  he  had  dune ;    and  he  would  Ivwvi  wv 


IGS] 


(^^  GEORGE  111. 


Trial  of  David  Dowuie 


[164 


mediately  puMcd  out  the  paper  from  bis  pocket 
and  have  given  a  lull  accoanl  of  the  success 
of  hi«  negodation,  la  place  of  this,  what 
bappens  ?  He  tells  them,  that  he  found  the 
friends  of  reform  in  general^  hearty ;  and  he 
mentions  every  thing  he  had  met  with  re- 
specting the  objects  which  the  committee 
had  in  view;  but,  instead  of  producing  the 
paper  of  instructions,  which  he  had  received 
from  Mr,  Watt,  he  keeps  it  snug  in  his  pocket, 
never  brings  it  out,  nor  says  a  single  word 
a^oiit  it,  during  the  whole  evening.  Nay.  far- 
ther, he  tells  you,  that  be  never  produced 
them  to  the  committee,  either  then  or  after- 
wards, but,  in  a  day  or  two  after,  gave  them  to 
Mr.  Watt  himself. 

Nothing  surely  can  more  clearly  demon- 
strate^, ttiiit  the  committee  had  no  knowledge 
of,  nor  any  concern  with  these  secret  instruc- 
ligns.  They  were  purely  and  solely  the  ope- 
ration of  Mr.  Watt  himself;  and  as  they  came 
from,  so  Uiey  were  given  back  to  him  alone, 
viihout  the  committee  knowing  any  thing 
abottt  the  matter.  In  Questioning  the  witness 
indeed,  a  good  deal  ot  weight  was  attempted 
to  be  laid  upon  the  circumstance  of  this  pa- 
per of  instructions  nmning  in  the  name  of  the 
committee,  and  also  upon  the  money  given  to 
IVirley  being  out  of  the  fund^  of  the  com- 
mittee ;  but  I  am  confident  you  willat  once  see 
that  there  is  nothing  in  tins. 

Mr.  Walt  would  no  doubt  choose  to  make  the 
paper  run  in  that  way;  but  his  having  chosen 
to  do  so,  will  never  make  that  the  paper  of  the 
committee,  unless  there  be  clear  evidence  that 
they  knew  and  approved  of  it,  Now,  there  is 
not  only  no  evidence  of  this,  but  there  is  most 
satisfactory  evidence  of  the  contrary,  And  as 
lo  the  money,  itis  perfectly  clear,  that  although 
men  by  the  commiltee,  vet  it  was  only  for  the 
lair  purposes  which  they  had  in  view  in  sending 
ralrley,  and  not  for  any  secret  and  criminal 
purposes*,  such  as  those  of  Mr  Watt  U  was 
otdy  thirty  shillings,  of  which  Falrley  having 
expended  but  fifteen,  he  offered  back  the  re- 
mainder ;  but  the  commiltee  allowed  him  to 
keep  it  for  his  trouble. 

In  short,  gentlemen,  it  isevident,  that  there 
VfCTC  two  dUferent  purposes,  or  two  separate 
p:irts  of    Fairley's  nii>sion,  and    you  ought 
I  carefully  to  distinguish  between  them-    The 
^  one  was  a  perfectly  fair  and  a  blameless  pur- 
^pose;  and  it  was  to  innuire  what  were  the 
•*cntiments  of  the  fricnus  of  reform,  and   to 
I  know  wh>it  money  might  be  obtained  for  car- 
•ryipg  it  on,  in  a  legal  and  constitutionsil  way  ? 
I  This  was  the  sole  object  of  the  committee, 
and   the  only  purpose  tl        '    ^   -       -, »  .  i 
•  rairley.    The  other  wsis 
Watr*  ow^n,  kr--t    t..i  Ji 
'  roinmiUoe,  ai 
^can  be  in  no  ti-  ^  ^ 

►eruuinal  and  wicked  d 
^guilt  uj»ou  hiniself,  bui 
Pt<*  any  other  person  who>ie  >itci;A^ioii  \o  and 
'iipprobation  of  it,  b  not  fully  tnd  cleat ly 
^frovcd*    The  trilliug  turn  given  by  the  com- 


mittee to  Faifley,  is  of  itself  a  proof,  that  lltey 
could  not  have  any  thing  cnm\nal  in  view; 
and  you  will  remark,  Fairley  enpressl^' swears, 
tliat  he  never  heard  of  the  plan  of  seizing  the 
Castle.  &c.  from  any  body  but  Mr.  Watt. 

And  now,  gentlemen,  having  offered  yovt 
these  observations  upon  the  evidence,  I  will 
beg  leave  shortly  to  remind  you  of  what  I 
stated  as  to  those  principles  of  law,  which 
apply  lo  the  present  case,  where  the  crime 
cWged  is  that  species  of  high  treason,  the 
compassing  or  imagining  the  death  of  the 
king. 

It  has  long  been  the  boast  and  the  glor^ 
of  the  law  of  England,  that  of  all  species  of 
guilt,  that  of  treason  has  been  defined  with 
the  most  scrupulous  exactness.  It  was  fa 
this  great  purpose  the  statute  of  Edward  3rd 
was  passea;  and  as  often  as,  in  succeeding 
and  arbitrary  reigns,  new  treasons  had  been 
created,  these  were  a^a,  in  better  time«,  re- 
pealed, and  the  law  of  treason  brought  back  tA 
the  sundard  of  that  ever  to  be  revered  statute. 
It  is  the  great  bulwark  of  our  liberty,  and  the 
mighty  protection,  under  the  shield  of  whkb| 
the  subject  is  secured  against  the  violence  or 
injustice  of  stale  prosecutions. 

I  stated  to  you,  and  I  supported  it  by  hig)i 
and  unauestionablc  authorities?,  that  althougfi 
a  conspiracy  to  levy  war,  has  in  some  cases 
been  by  con'-tmction  held  to  amount  to  the 
crime  of  compassing  and  imagining  the  death 
of  the  king,  yet  this  has  been  admitted  only 
in  certain  circumstances,  and  a  line  of  distinc* 
tiou  has  been  taken,  and  the  utmost  aniiety 
shown,  to  prevent  the  carrying  constructive 
treason  beyond  due  bounds.  That  distmctlon 
has  been  taken  from  the  object,  or  purpose  of 
the  conspiring  to  levy  war.  Where  the  pur- 
pose was  sucn  as  directly  and  necessarily  lo 
affect  the  life  and  safety  of  the  person  ^f  th« 
king,  it  has  been  held  to  amount  to  a  com-^ 
passing  or  imagining  his  death.  W^here^  on 
the  other  band,  the  purpose  has  been  to  obfain 
some  reformation,  witnout  pursumg  the  due 
methods  of  the  law,  then  the  mere  purposing 
or  designing  to  levy  war,  for  that  end,  has  iia| 
been  held  high  treason. 

This  is  the  hne  of  distinction,  and  these 
the  boundaries,  which  the  wisdom  of  the  law 
has  marked  out.  To  transgress  these  boim- 
daries,  and  to  overleap  them,  would  be  to  con- 
found the  nature  of  crimes;  anil  would  be 
giving  a  fat;* f  i«Ie  blow  to  the  se- 

curity and  111  icct    In  the  pfro* 

grcss    of  huiniui  iiay 

spring  up,  that  m  i  U* 

^— ■■-■■■•- "^v-  ,1; 

Ir- 

od 


iU*t>tuii'  aojiy  whiUi  ia  it* 

$elf  the  w. 

This  very  iiVii,  wluch  wuuld  in  Che  end  prort 


J^  High  Treason* 

otwtltfow  of  all  liberty,  was  anxiously 
M  aeuiut  by  the  statute  of  king  £d* 
I  whtcti  has  express! Y  said,  "  Aim  be- 
%hmX  many  other  tike  cases  of  treason 
^  hiffpcn  in  time  to  come,  which  a  m^^ 
\itik  nor  declare  at  tbia  present  time, 
isooorded  tlmt  if  any  other  case,  supposed 
>  which  ii  not  above  specified,  doth 
liefore  any  justices,  the  justices  shall 
'  without  any  going  to  judgment  of  the 
»,  till  the  cause  be  shown  and  declared 
I  Uie  king  and  his  parliament,  whether 
il  Odgbt  lo  be  judged  treason  or  other 
fdojiy/* 

Wall  iJic  law  thus  in  your  view,  it  Is  with 
yiM^gaitlecnen,  to  consider,  whether  the  tacts 
\  in  the  present  case^  do  amount  to  that 
4>f  treason  which  is  here  charged? 
mg  ihat  a  conspiracy  to  levy  war,  or 
ladilic  a  commotion^  is  here  actually  proved, 
viial  una^  the  object  and  purpose  of  it  ?  Was 
^  ic^myiracy  to  levy  such  a  war,  or  such  a 
''"'Mmmi  as  aimed  directly,  or  necessarily, 
person  of  the  king?  On  the  contrary, 
rati  oof  dearly  and  evidently  sucbawar, 
mA  Hich  a  cofxunotion^  as,  at  the  utmost, 
GBuid  have  for  its  aim  nothing  more  than  a 
Wifcilii>tiiiu»  without  pursuing  the  due  me- 
tiadso^biw?  Was  there  any  view  or  pur- 
fmt  oi  detlirooing  or  deposing,  or  endangcr- 
a|§ lh«  lilr  of  our  most  gracious  sovereign? 
liowicb  thing  ever  was,  nor  could  be  dreamed 


La.  d.  179*. 


[165 


It  11  Bat  eiiou|h  to  say,  that  the  commotion 
Mmtm  raised^  night  possibly  have  gone  such 
all§gUk.«a  njtjcualely  to  bring  the  personal 
flftOr  w  tjae  kin^  into  danger.  There  is  do 
-I  <Pf>|>Oftition  nor  resistance  by  force 
Ifioleoeo  to  the  execution  of  any  part  of 
which  may  not,  by  a  strained  coo- 
I  and  imoUcation,  be  connected  with 
^■Artjr  of  the  king.  But  it  is  for  this  very 
WBm,  tnal  the  law  has  wisely  distingui£»hed 
I  what  may  be  intended  agiunst  the 
\  of  lite  kjtig,  and  what  may  be  intended 
^  wliat  has  been  termed  the  ma- 
In  other  words,  the  authority,  or 
tsaoitlTa  j>owcr  of  the  crown.  The  former 
I  held  tf^**Min,  but  the  latter  has  not; 
odil  is  no!  '^  .:,  gentlemen^  to  throw 

muh  Iha  di  or  to  confound  oBences 

wbieh  Um  law  111! ^  separated. 
Aad  lat  me  call  to  your  ren\embrance  ano- 
ripdndpfr  *^-f  !  took  the  liberty  of  ex- 
mi  4  1  and  which  is>  that 
\ut  ;,;„.>.*  consists  in  the  wicked 
I  af  tlsc  heart.    The  overt  acts  are 
|0  he  fL'Enrded,   in  so  far  as  tbey  are 
of  the  guih  of  the 
i  ly  puqxisc  which  con- 
fl,  uijles*  you  arc  satis- 
:if   the  hir  had  m  his 
.  '    ■      :         •    ,    lie- 

of 
ui  ihc 

lYu  Ijttu  successful 


in  sho^^ing  you»  that  the  prisoner  liad  no  real 
accession  to  the  plan  about  seizing  the  Castle, 
nor  to  the  preparing  the  pikes-,  both  these 
were  the  mild  measures  of  Watt  alone.  The 
former  was  rejected  by  the  commitlee,  and  by 
Mr.  Downie,  and  the  latter  never  known  to, 
nor  countenanced  by  them.  Any  knowledge 
Mr.  Downie  seems  to  have  had  of  the  pikes, 
was  transient  and  accicfenlal ;  and  you  must 
be  satisfied,  these  pikes  never  could  be  meant 
for  overturning  the  state,  or  endangeriug  the 
safety  of  the  king. 

As  to  Mr.  Downie  having  been  a  member 
of  the  British  Convention,  he  neither  has  been» 
nor,  for  the  reasons  I  formerly  mentioned, 
can  he  be  criminated  upon  tliat  account.  And, 
as  to  his  being  a  member  of  the  Couimiltee 
of  Union,  or  of  the  sub-committee  of  Way^ 
and  Means,  I  cannot  discover  any  evidence 
whatever,  that  these  committees  had  auy  cri- 
minal, and  far  less  any  treasonable  designs. 
I  request  you  to  distinguish,  gentlemen,  be- 
tween a  zeal  for  the  cause  of  reform,  and  a 
wicked  and  criminal  intention  to  subvert  the 
government.  Because  the  zeal  of  some  mrn 
may  be  warm  and  intemperate,  it  would  be 
unfair  to  presume,  that  they  would  go  the 
length  of  hostility  to  the  constitution.  And 
because,  in  societies  for  reform,  there  may  be 
some  who  harbour  in  their  minds  treasonable 
and  detestable  designs,  you  must  not  therefore 
conclude,  that  this  pervades  the  minds  of 
others ;  or,  that  because  a  man  is  a  Friend  of 
Reform,  ora  Friend  of  the  People,he  is  to  be  set 
down  as  guilty  of  the  crime  of  hi^h  treason. 

In  fairness  and  candour,  let  the  line  be  drawn 
and  the  just  discrimination  made.  Con-. 
found  not  the  innocent  with  the  guilty.  Co; 
found  not  the  less  guilty  with  tljose  who  are 
more  so.  If,  from  an  intemperate  impatience 
for  reform,  some  men  sliould  transgress  due 
bounds,  and  think  of  pursuing  their  object  by 
other  means  tlian  the  methods  of  the  law,  let 
their  temerity  meet  its  due  punishment;  but: 
let  not  liasty  and  precipitate  resentmeul  ma^ 
nify  into  high  treason,  an  offence  ot'a  muca 
less  criminal  complexion.  Let  us  ever  r©« 
member^  tliat  we  are  to  look,  if  there  h  the, 
wicked  iraagmalion  of  the  heart;  and,  if  we 
cannot  discover  there  the  malii^uiint  and 
atrocious  design  of  compassing  and  iMia»jiini.i, 
the  death  of  the  king,  we  canni/t  pronouno 
that  it  is  \}\e  crime  ot  high  treason,  I>ct  coq] 
judgment  disarm  resentment,  and  teach  ua^j 
tiiat  the  preservation  of  the  law  is  of  infinitely 
grciiter  moment  than  the  pumshmcnt  of  air 
mdividuah 

But,  gentlemen,  I  must  conclude,  for  I  feel 
myself  much  exhausted,  and  I  am  much  atmic" 
1  have  detained  vou  too  long.  1  know  youi 
attention  and  disceniment  will  supply  any 
defects  of  mine,  and  I  trust  you  will  be  sati:*- 
fied  that  no  crime  has  been  proved,  of  so  deep 
u  dye  as  c;m  ciititte  you  to  lake  away  ihe  life 
of  this  poor  old  man  at  your  bitr ;  and  tlial 
you  will  therefore  return  a  VL-rdrct,  lindin 
him  not  guilty  of  the  crunc  charged. 


% 


J 


167] 


34*  GEORGE  III. 


Trial  ofDawd  Ddionie 


[166 


REPLY. 


Mr.  Anttruther, — Gentlemen  of  the  Jurj ; 
—I  now  rise  to  perform  a  very  unpleasant 
task  indeed— to  call  upon  you  for  your  verdict 
against  one  of  your  fellow  subjects.  I  feel  it 
nv  duty,  and  sorry  I  am  that  it  is  my  duty,  to 
call  upon  you  for  that  verdict,  hecause  I  think 
that  I  have  laid  before  you  evidence  which  in 
point  of  fact,  proves  the  offence  slated  in  the 
indictment  no  less  au  offence  than  that  of 
high  treason. 

There  was  one  observation  made  bv  Mr.  Cul- 
len  in  which  I  most  heartily  join  with  him,  and 
wish  you  to  attend  to  it  as  much  as  it  was 
possible  fur  him  to  do.  He  called  upon  you, 
gentlemen,  not  to  regard  any  thing  that  you 
might  have  read  concerning  those  transac- 
tions, but  to  confine  your  attention  strictly 
and  solely  to  the  evidence,  laying  out  of  your 
mind  every  impression  you  might  have  re« 


DOW  addressing  you,  which  I  charge  upon  Mr. 
Downie;  and,  if  I  cannot  make  out  that  Mr. 
Downie  is  guilty  of  a  breach  of  his  allegiance, 
by  being  guilty  of  compassing  and  imagining 
the  death  of  the  king,  which  is  one  species  of 
treason  under  the  statute  of  Edward  3rdy  I 
totally  fail  in  my  case:  and  I  am  sure  I  have 
no  wish,  hut  the  wish  of  justice.  I  should  be 
happy  if  the  judges  found  it  consistent  with 
the  law  to  tell  you  that  there  was  no  treason 
laid  in  this  indictment,  or  proved  by  the  evi- 
dence, and  that  you  find  it  consistent  with 
your  oaths  to  acquit  the  prisoner  at  the  bar. 
The  public  prosecutor  has  done  his  duty  in 
laying,  the  case  before  you :  he  will  be  happ^ 
if  it  ^mits  of  a  verdict  of  not  f»uilty;  but  if 
you  view  the  law  and  the  evidence  as  I  do,  I 
am  afraid  it  will  be  hardly  possible  that  it 
should  be  so. 

Gentlemen,  I  have  said,  that  this  indict- 
ment accuses  Mr.  Downie  of  being  guilty  of 


ceivcd  in  other  places ;  and  laying  out  of  your    one  of  the  species  of  treason  left  by  the  sta^ 


mind  every  thing,  except  the  impressions 
which  you  have  received  from  that  which  is  '■ 
strict  legal  evidenrc  given  upon  this  trial  this  \ 
day.  And  inoM  sincerely  do  I  join  with  Mr.  i 
Cuilcn  in  rcronimcnding  to  you,  and  telling  . 
you,  tliat  you  will  not  perfonu  your  duty  to  ' 
your  country  and  your  duly  to  yourselves*,  if  j 
you  do  nol  lay  all  extraneous  matter  from  l 

your  minds,  and  confine  yourselves  slricliy    cntion  from  the  moment  measures  tiave  been 
and  solely  lu  the  evidence  before  you  .  taken  for  that  purpose,  whatever  they  maybe. 

The  atleiition  you  have  bestowccl  this  day  to  I  The  next  thing  for  us  to  inquire  is,  what 
that  evidence,  renders  it  unnecessary  for  me  to  the  statute  docs  not  tell  us,  but  which  the 
be  extremely  long  in  repealing  it;  and  that  at- ,  law  has  Iet\  to  the  judges  in  each  particular 
tenlii>n  satisfies  nie,  that  the  caution  Mr.  Cul-  ' 


lulc  of  Kdward  Srd— compassing  and  imagin- 
ing the  death  of  the  king ;  and  it  is  true^  as 
Mr.  Cuilen  has  stated,  that,  in  the  case  of  the 
king,  the  statute  of  treasons  hath  with  great 
propriety  retained  the  nde  voluntas  fro  facto 
habetur.  In  the  compassing  the  kind's  death, 
the  wicked  imaginations  of  the  heart  have 
the  same  de<>ree  of  guilt  as  if  carried  into  exe- 


len  pave  to  you,  and  which  I  have  now  re 
peatcd,  is  :it  best  an  unnecessary  one.  The 
ob^ervalions  vhich  Mr  Cullrn  has  made  upon 
the  law,  will  nuike  it  ne(e*isary  tor  ine  to  siiy 
a  few  wouls  to  you  up«»n  that  head ;  but  you 
will  not  lake  the  law  from  Mr.  C'ullen,  nor 
from  i«p,  allhou'^h  I  shall  endeavour  to  state 
it  wilh  all  the  acc\iracy  I  am  able ;  hut  you 
will  take  it  from  those  much  more  able  to 
explain  it,  than  cither  of  us,  whose  duty  it  is 
to  explain  H,  au'l  to  w nose  obhcrvalious  it  is 
your  tliily  to  allrnd. 

There  w;is  another  observation  of  Mr.  Cul- 
len's'in  which  1  inrfectly  concur;  and  that  is 
an  \iller  «hhorrencc  of  eVery  thini;  called  t  on- 
structi\c  liea-^on.  I^rd  Hale\  woids,  which 
he  reail  lo  you,  I  wish  may  be  impressed 
upon  tl  10  ninul  of  every  public  prosecutor  as 


case  lo  determine,  namely,  what  acts  are  to 
be  held  as  means  taken  for  Ccirrymg  such 
compassing  and  ima*;inations  into  elVect,  and 
lo  be  evidence  of  them,  or  what  in  other 
words,  is  an  overt  act  of  this  species  of 
treason.  If  means  have  been  taken  to 
carry  the  design  into  execution,  the  party 
is  guilty.  What  those  means  are,  may 
vary  in  every  case ;  and,  since  the  date  of 
the  statute,  various  tacts  have  been  held 
to  be  overt  acts  of  this  species  of  treason, 
and  various  principles  have  been  eslablish- 
ed  wilh  regard  lo  what  are  or  are  nol  overt 
nets  of  coinpas*>in^  and  imagining  the  death 
of  the  kinir.  I  will  state  these  shortly,  in  the 
words  of  some  of  the  first  lawyers  and  judges 
of  Knglund,  whose  opinions  have  served  as  a 
guide  to  succeeding  judges :  and  from  theoi 
you   Will  learn    the    priuciples  which  have 


long  as  the  wurld  endures;  but  you  will  re-  ■  guided  courts  of  justice  on  determining  what 
coilcft  that  the  words  of  lord  Hale  are  not 
appliul  t«i  the  sl:itutc  yjlh  Kdwanl  8rd,  or  lo 
any  of  tlse  Npei  ies  of  treason  declared  hy  that 
law.    They  arc  to  he  found  in  that  pari  of  his 


woik  wlure  he  makes  the  paneg\Tic  of  the 
23th  i:dvv;ird  :Jrd.  Thank  God,  that  statute 
abolishtid  in  England  a  string  of  constructive 
treasons  enough  to  make  men  shudder.  To 
those  treasons  lord  lialc*s  observations  apply. 
hut,  gentlemen,  it  is  one  of  the  treasons  de- 
clared by  the  statute  of  Edward  3rd,  and  con- 
tinued from  that  time  down  to  Uie  time  I  ud 


I  were  overt  acts  ol  this  species  of  treasim ;  and 
,  you  will  hear  the  cases  which  have  been  de- 
termined, and  which  have  been  put  as  illus- 
trations of  these  principles. 

In  the  fir^t  place,  [  take  it  as  too  clear  to 
be  disputed,  that  a  person  is  guilty  of  com- 
passing and  imagining  the  death  of  tlie  king, 
from  the  moment  means  are  used  lo  eftecl  the 
purpose  of  the  mind.  It  is  also  perfectly 
agreed  upon  all  hands,  that  it  is  not  necessary 
to  lay  before  the  juiy,  or  state  in  the  indkt- 
iDent,  a  direct  iiunediate  attack  on  Uie  persoQ 


169}  for  High  Tnaton* 

of  his  majesty.    It  has  been  held  at  all  times 
not  necessary  to  state  an  attempt  to  poison,  or 
to  assassinate  the  king.     Most  unquestion- 
ably, if  tliose  means  were  used,  they  would 
irresistibly  speak  the  purpose  of  the  mind ; 
but  means  niuy  be  used  to  effect  the  purpose 
of  compassincr  and  imagining  the  deatnofthe 
king,  inticitcty  short  of  such  attempts  as  those. 
MrrCuilen  agreed  that  a  {)er8on  going  into  a 
boat  for  the  purpose  of  going  to  France  with 
treasonable  papers  in  his  possession,  was  pro- 
perly held  as  employing  means  to  effectuate 
the  intention  of  his  mina,  and  an  overt  act  of  ' 
compassing  the  death  of  the  king.    Mr.  Jus- 
tice Foster,  on  whom  Mr.  Cullcn  bestowed  a 
very  deserved  panegyric,  tells  us — **  The  care 
the" law  hath  taken  for  the  personal  safety  of 
the  king,  is  not  confined  to  actions  or  at- 
temptb  of  the  more  ila&;itious  kind,  to  assas- 
sination or  poison,  or  other  attempts  directly 
and  immediately  aiming  at  his  lite ;  it  is  ex-  | 
tended  to  every  thing  wilfully  and  deliberately  | 
done  or  attempted,  whereby  his  life  may  bie 
endangered."       Iherefore,   gentlemen,  if  I 
state  it  in  the  indictment,  and  prove  any  act 
done  deliberately,  whereby  the  life  of  the*  king 
may  be  endangered,  I  have  stated  and  proved 
that  which  is,  in  jioint  of  kw,  an  overt  act  of 
compassing  the  king's  death.  The  same  author 
says,  **  the  entering  into  measures  for  depos- 
ing or  imprisoning  the  kin^,  or  endeavouring 
to  get  the  person  of  the  king  into  the  power 
of  conspirators,  have  been  held  overt  acts  of 
high  treason  within  this  branch  of  the  sta- 
tute."    Why?     Because  they  are  acts  done, 
or  attempted,  not  by  which  his  life  is  to  be 
immediately  affected — not  by  which  his  life 
is  to  be  t'lkcn  away,  but  they  are  acts  done 
and  attempted,  wherebv  his  life  may  be  in 
danger.    The  same  author  farther  says,  "  of- 
fences   which  are  not  so  personal  as  those 
already  mentioned,  have  been  with  great  pro- 
priety brought  within  the  same  rule,  as  hav- 
ing a  tendency,  though  not  so  immediate,  to 
the  same  fatal  end ;"  and,  therefore,  the  en- 
tering into  connexions  for  the   purpose   of 
bringing  foreigners  to  invade  the  kingdom, 
has  brcn  held  an  overt  act  of  high  treason — 
And  why  is  it  held  to  be  an  overt  act  of  hij;h 
treason  ?     Because  it  may  endanger  the  life 
of  the  king. 

I  could  put  a  case,  where  it  could  hardly  be 
within  probability  that  an  invasion  should 
directly  be  amied  against  the  pcrwm  of  the 
king.  I  could  put  the  case  of  the  king  being 
upon  the  Continent  at  the  time  that  some 
persons  made  a  contract  with  a  foreigner  to 
Lnng  2<»,rt'<»  Ku^-^ians,  or  other  foreipners,  to 
niikc  wjr  in  this  country.  This  conkliuit  be 
high  treason  under  llie  riausc  of  levying  war, 
because  iKi  war  was  le\ied.  It  wowM  iiot  he 
aJhering  to  ili»:  kind's  enemies,  because  llic 
|»^rM>n«*  suppo  cmI  are  not  the  kind's  enenuc*;. 
The  ktng*s  person  could  not  be  in  irnnicdiato 
danger,  Itocause  the  cai«  supposes  him  in  his 
Sotcign  doniinmns ;  but  would  it  not  be  high 
trtawB^    M<wt  certainly.     It  is  the  king's 


A,  D.  1794. 


[170 


duty  to  repel  such  invasion;  to  place  himself 
in  a  situation  of  danger :  the  measure  directly 
points  at  distnrbing  the  peace  of  the  country, 
which  it  is  his  duty  to  protect ;  at  introducing 
host'dities,  which  the  ooligations  of  his  situa- 
tion call  upon  him  to  suppress ;  therefore  the 
tendency  of  the  attempt  necessarily  exposes 
bis  person  and  life  to  peril;  and  it  is  to  that 
natural  and  afiparent  tendency  that  we  are  to 
look.    Foster  states  the  principle  distinctly, 
when  mentioning  the  oflience  of  inviting  fo- 
reigners to  invade  the  kingdom  to  be  high 
treason.    It  is  such,  says  he,  because  it  hath 
a  tendency  to  endanger  the  person  of  the  king, 
and  therefore  it  hath,  in  strict  conformity  to 
the  statute,  and  to  every  principle  of  substan- 
tial and  political  justice,  been  brought  within 
that  species  of  treason  of  compassing  and 
imagining  the  king's  death.     You  therefore 
see,  tliat  every  thing  which  has  a  manifest 
tendency  to  endanger  the  person  of  the  prince, 
is    an  overt  act  of  compass! njs;   his  death. 
Whether  the  acts  stated  in  this  indictment 
and  proved  by  the  evidence,  have  that  ten- 
dency or  not,  I  shall  eonsider  bv-and-by. 
These  are  not  only  the  words  of  that  great 
and  illustrious  person,  and  such  he  certainly 
was ;  but  no  judge,  who  either  prcccdeil  him, 
or  who  has  followed  him,  no  text  writer  of 
authority  differs  from  him.     Hawkins  says, 
''  The  uerson  of  the  king  may  be  endangered, 
not  only  by  such  overt  acts  as  to  take  away 
his  life,  but  such  design  as  cannot  be  exe- 
cuted without  apparent  peril  thereof."    Gen- 
tlemen, it  will  he  for  you,  and  my  lords  the 
judges,  to  consider,  wliethcr  the  design  stated 
in  this  indictment  could  be  executed  without 
apparent  peril  and  danger  to  the  king.    The 
same  author,  in  another  place  says,  *'  It  hath 
been  adjudv;ed,  that  the  levying  war  against 
the  king's  person,  or  the  bare  consulting  to 
j  levy  such  war,  or  meeting  together,  and  con- 
!  sultin<r  the  means  to  destroy  the  king  and  his 
•  goTerinnent ;  or  assembling  with  others,  and 
I  procuring  them  to  attempt  the  king's  death, 
:  by  listing  men  in  order  to  depose  the  kins,  or 
I  printing  treasonable  position!^,  as  that  the  king 
I  IS  accountable  to  the  people,  and  that  they 
I  ought  to  take  the  government  into  tlieir  own 
hands,  is  an  overt  act  of  high  treason."— Why 
I  is  it  such  ?    Because  it  is  to  excite  the  people 
;  to  take  the  government  into  their  own  hands; 
■  and  that  cannot  be  done  without  endangering 
'  theperson  of  his  majesty.  Gentlemen,  you  will 
judge  under  direction  of  the  learnetl  judge  who 
presides  here — you  will  jud^e  from  what  has 
been  laid  l>efore  you  on  this  trial,  whether 
there  was,  or  was  not,  amongst  these  people 
a  design  to  take  the  giivernment  into  their 
own  h:mds  ?  and  whether  it  did  not  go  farther 
than  printing  that  proposition  in  a  book,  and 
pnblishingitto  the  world,  which  in  the  opinion 
of  the  writer  whom  I  have  ju^^t  cited,  is  high 
treason.  Have  no  mfans  been  taken,  no  steps 
pursued,  far  beyond  the  printing  and  fiuhlishing 
an  opinion  that  the  people  ought  to  take  the  j;o- 
vcrnmcnt  into  their  own  hands  \    LooV^VvV^ 


17i] 


31-  GEORGE  III. 


Trial  of  David  Vownie 


{112 


4tnstiument3  lying  upon  the  table,  and   say 
J  whether  the  providing  of  these  for  Ihe  pur- 
l^fioaes  proved,  speaks  not  the  intention  clearly^ 
>,and  whether  they  are  not  means  more  efiec- 
ytual  for  carrying  that  intention  into  execution 
•than  the  publication  of  any  book,  however 
dangerous  the  propositiona  it  contains. 
Gentlemen,  my  friend,  Mr,  Cullen,  most 
K^Jeaervedly  bestowed  a  nanegyric  upon  lord 
l^ale,  an<)  from  him  r«aa  that  quotation  res- 
l^cting  constructive  treason,  which  I  have 
mentioned.    He  told  you^  as  he  said,  from 
bis  authority,  that  a  conspiracy  to  levy  war  is 
pot  treason,  unless  it  be  where  it  is  directly 
QBt  the  person  of  the  king.    Now  I  am 
sctly  ready  to  a|;reCt  antf  God  forbid  I 
■  Should  not,  that  a  conspiracy  to  levy  war,  is 
not  under  all  circumstances,  an  overt  act  of 
high  treason.    Mr,  Cullen  stated  fairly,  there 
are  two  species  of  war  in  contemplation  of  the 
law ;  one  that  might  be  directly  against  the 
person  of  the  king,  and  one  that  may  not 
nave  the  least  relation  to  the  person  of  the 
king,  but  which  may  be  called  a  war  merely 
upon  other  men ;  and  but  for  the  generality 
ohhe  purpose,  would  be  no  more  than  a  riot. 
If  people  asscDible  to  pull  down  any  house,  it 
is  a  not,  and  no  more.     If  they  assemble  to 
pull  down  the  houses  of  all  lawyers  or  judges, 
or  all  merchants  or  religious  houses,  such  as 
all   meeting-houses,  or  all  churches,  or  any 
thing  that  docs  not  point  to  an  individual, 
that  IS  held  to  be  a  levying  war ;   but  a  con- 
spiracy to  do  th;it  act,  is  not  an  overt  act  of 
high  treason.    And  why?    Because,  it  is  im- 
possible to  say,  that  men  who  do  tlaese  things, 
nave  the suiaUest  intention  against  the  prince; 
Ihey  neither  do»  nor  intend  to  do,  an,ac|  by 
which  his  person  is  in  danger.    It  is  war  by 
construction  only ;  and,  it  cannot  be  allowed 
to  make  tlie  act  war  by  construction ;  and 
then  lo  ar^e,  that,  because  it  is  war,  it  is 
means  used,  which  in  then-  natural  and  direct 
tendency,  endanger  the  person  of  the  king. 
The  natural  tendency  of  their  acts,  does  not 
put  the  person  of  the  prince  in  peril.  It  is  the 
geoeralitv  of  their  purpose  alone,  which  brings 
them  within  tlie  statute  of  treason*    It  is  m 
the  remote  consequences,  and  in  these  alone, 
that  danger  mav  arise  to  the  life  of  his  ma- 
Jeaty.    But  is  that  the  case  with  regard  to  an 
attempt  to  overturn  the  government,  of  which 
he  is  the  head,  and  first  executive  magistrate; 
or,  with  regard  to  an  attempt  to  supersede  the 
legislature,  of  which  he  is  an  integral  part? 
Is  it  possible  such  attempts  can  oe  made, 
without  directly  endangermg  the  person  of 
the  king } 

Now,  Gentlemen,  that  you  may  follow  the 
lule  of  lord  Hale  which  1  wish  you  to  do,  I 
will  state  what  he  says  upon  tnis  i^ubject, 
Xioni  Hale,  who  is  quoted  to  you  as  the  enemy 
of  all  constructive  treasons,  lord  Uale  says, 
**  though  a  conspiracy  he.  uoi  itnmt^JiateJy, 
aiv  ,and  expr«  .iU 

oi_  -.'     '■    '^;  but  the  t.     -^,-    ,  ,,;    ;   ,mc- 

UiUig  Liiiitin  all  probabJitymuj^t  induce  it;  and 


the  overt  act  is  such  a  thing  as  must  induce 
it :  then  it  is  an  overt  act  to  prove  the  com- 
passing of  the  king's  death." — He  then  pro- 
ceeds to  a  number  of  instances,  and  says,  '^aa 
assembly  to  levy  war  against  the  king,  either 
to  depose,  or  restrain,  or  enforce  him  to  do  anj 
act,  or  to  come  to  his  presence,  or  lo  remove 
his  counsellors  or  mmisters,  or  against  the 
king^s  lieutenant  or  military  commissioned 
officers,  is  an  overt  act  proving  the  compass- 
ing  of  the  death  of  the  kmg;  for  such  a  war 
is  directly  against  the  very  person  of  the  king ; 
and  he  that  designs  to  fight  against  the  kin^, 
cannot  but  know  at  least  it  mu^t  put  his  hi^ 
in  hazard.*' 

Tell  mc,  gentlemen,   whether   the  facts 
charged  in  this  indictment  do  not  amount  to 
a  consultation  and  conspiracy  to  fight  against 
the  king's  commissioned  officers ;  and  il  thcjf 
do,  it  must  put  the  king's    lile   in  danger. 
Tell  roc,  my  lords  and  eenllemen  of  the  jury, 
whether  the  plan  proved  by  the  evidence  is 
not  a  plan  to  force  the  king  to  do  something 
against  his  will,  to  restrain  hhn  from  doing 
that  which  as  a  branch  of  the  legislature  he 
had  a  right  to  do,  and  to  take  the  will  of  tho!^; 
conspirators  instead  of  his  own?    One  wort] 
more,    gentlemen :    he    farther   says,   **  yet 
such  a  conspiracy  or  compassing  to  levy  war 
against  the  king  directly,  or  against  his  torces, 
a  meeting  and  consulting  for  the  elfect  of  it, 
whether  the  numbers  be  more  or  less,  disgui* 
sed  under  any  other  pretence  whatsoever,  as 
of  reformation  of  abuses,  casting  down  enclo- 
sures, particular  or  generally,  and  wrestling, 
football-play  in  K,  cock-fightmg,  yet,  if  it  can 
appear,  that  they   consulted  or  resolved  to 
raise  a  power  immediately  against  the  king, 
or  the  liberty  or  safety  of  his  person,  this  con- 
gregating ot  people  for  this  intent,  tnough  no 
war  be  actually  levied,  is  an  overt  act  to 
maintain  an  indictment  for  compassing  the 
king^s  death  witliin  the  6rst  clause  of  the  sta- 
tute of  Edward  Srd ;  for  it  is  a  ktiid  of  natural 
or  necessary  consequence,  that  he  that  at- 
tempts to  subdue  and  conquer  the  klDg»  can-* 
not  intend  less  than  the  taking  away  his  life.^ 
Gentlemen,  it  will  be  for  your  determinatioi 
this  night,  whether  there  was  not  a  eonsp" 
racy  entered  into  by  the  prisoner  at  the 
and  his  adherents,  to  subdue  and  conquer 
king? 

I  shall  now,  gentlemen,  state  a  passage,  of 
which  Mr.  Cullen  read  a  part  to  you,     ll 
from  a  speech  of  lord  chief  justice  Holt,  whos 
authority  is  deserving  of  your  most  seriou 
attention,  and  when  the  whole  pummph  i 
taken  together,  his  opinion  is  staled  in 
masterly  a  manner,  and  so  clearly,  that  it  tsl 
not  necessary  to  say  a  word  mure  than  barelT^ 
to  state  it.   It  is  in  the  trial  of  sir  John  Friend, 
fur  hieh  treason 

**  ife  says," 
**  Here  is  no  wai  /  I 

or  design  to  levy  war,  docs  n  i  | 

this  law  agamst  treason/*    V|  t  i 

observe,  that  if  there  bt  only  a  couspu^cy  lo 


17S] 


Jhir  nigh  Treaton. 


A.  D.  1794. 


[174 


I  «t  is  not  IreasoD ;  but  if  the  tlcMgn  or 

.  be  to  kill  the  king,  or  to  depose 

mill  -on  him,  Or  pul  any  force  or  re- 

m ;  and  the  way  and  manner 

c  /^e  is  by  levying  a  war,  there 

M  and  conspiracy  to  levy  a  war 

is,,  »..-».  ^.M,/y-e  is  high  treason,  though  no 

'  wmr  be  levied;  for  such  consultalton  and  con* 

L  iptxftcy,  ta  an  overt  act  proving  the  compass- 

I  j&g  tbe  death  of  the  king,  which  is  the  fir^t 

]  lf£iaon  mentioned  in  the  statute  of  the  25tb 

1  af  Bdward  3rd  ;  the  words  of  that  statute  are, 

[  llttt  tf  my  man  shall  compass  or  imagine  the 

*  itV  '  «ng;  now*  necausc  a  man  de- 

la^^  i I,  deposition,  or  destruction  of 

Im  iuagi  ^[^d  with  that  design  agrees  and 

'   ,  to  levy  war,  that  this  should  not  be 

itrtt-  tr  be  not  actually  levied,  is 

l#  wmf  tit  nne,  and  the  contrary  has 

|alp»}"  *  iu  lu  be  law.***     He  goes  on 

[fc*  i  i  yc.  may  be  a  war  levied  without 

laoy  i*tj..  '-'  'lie  kiQg's  person,  or  endan- 

\oi  if  actually  levied,  is  high 

0  ;  I  ,„   .1  „  war  be  levied  without  cn- 
Idanficrtiig  Uic  king's  per5on,  such  would  not 

t  overt  net  of  high  treason.  If  persons 
ibie  themselves,  and  act  with  force  in 
alkn  to  some  law,  which  they  think  in- 
oient,  and  hope  thereby  to  eet  it  ro- 
ip  this  is  levying  a  war  and  treason, 
ll  purposing  and  designing  it  is  not  bo.  ? 

1  they  endeavour  in  great  numbcr<^i  with  I 
I  ki  make  some  reformation  of  their  own 

irrthout  pursuing  the  methods   of  the 

thai  is  levying  of  war  and    treason.*' 

I  Ims  goi^s  on  to  say,  ''  But  if  there  be^  as 

1  you  before,  a  purpose  and  design  to  de- 

tbe  king;  ana  to  depose  him  from  his 

,  Of  to  restrain  him,  or  have  any  power 

9»  which  i^  proposed  or  designed  to 

td  by  war,  that  is  to  be  levied,  such 

tacy  and  consultation  to  levy  war,  for 

tinoiitii^  this  to  pass,  is  an  overt  act  of 

'i  tretAon/'t     In  the  trial  of  sir  William 

as,  who  WA^  indicted  for  the  same  con- 

ost  eminent  judge,  lord 

ct  says  the  same  thing;  his 

pare:  *'  1  i   Icll  you,  that  this 

DO  of  c<j>  and   imagining    the 

*  ^      vident  by  other 

on:  to  conspire 

lallji  '  .li  M»>.nJe  the  realm;  to 

vkk  a  in  with  invaders,  and  to 

k«   ftii  tnn   ^iLviin^it  the    king, — 

liug  the  king's 

I;  f^^  I         ,  ,  M^ctf,  but  thai  he 

nK>ul  ;rrfd  up  an  invasion,  and 

BMartT  I  isi  the  king's  person,  docs 

^  til  unofthc  king,  which  is 

TCft     .  ^1  treason;  and   he   that 

\  take  au  I  ^  defence,  which  he 

I  hav«  bv  lUCc  of  his  suhjectii^ 

tir  John  Frcindy  Vol.  13» 

hon, 

I  Clod's  Tjia),  aiK\  Vol.  13^ 


and  leave  him  exposed  to  his  mortal  enemies, 
cannot  but  be  prcsunied  to  design  tlie  king's 
ruin  and  murder."* 

Now,  gentlemen,  such  b  the  law  and  iU 
distinctions  upon  this  subject.  If  there  be  a 
design  through  the  medium  of  war,  to  overturn 
the  government  of  the  country,  of  which  the 
king  is  apart;  to  supersede  the  legislature^  of 
which  he  is  an  integral  branch,  as  well  as  first 
executive  magistrate  ;  it  js  hard  to  say,  that 
such  a  design,  if  carried  into  execution, Would 
not  endanger  his  life.  His  duty  to  that  con- 
stitution, which  has  placed  him  in  the  sitiia' 
tion  of  its  first  executive  magistrate,  calls  im- 
periously upon  him  to  resist,  at  all  hazards,  all 
such  attempts ;  their  success  no  king  could 
survive;  and  the  very  first  step  taken  either 
to  ensure  their  success,  or  to  prevent  their 
completion,  places  hira  in  a  situation  of  dan* 
ger  and  peril,  from  which  it  would  be  strange, 
indeed,  if  the  law,  which  protects  the  meanest 
of  his  subjects,  did  not  strongly  interpose  for 
his  defence. 

Thus  much  with  respect  to  the  law :  with 
regard  to  the  facts  given  in  evidence  before 
you,  feeling  myself  very  much  exhausted, and 
apprehending  you  must  be  the  same,  trorn 
the  length  of  time  tliis  trial  has  lasted,  t 
shall  state  thera  very  shortly ;  and  1  am  hap* 
py  to  say,  that  the  very  great  attention  you 
nave  bestowed  through  the  course  of  this  long 
trial,  renders  it  unnecessary  for  me  to  be  mi* 
nute,  and  enables  me  to  perform  my  duty, 
without  consuming  much  of  your  lime. 

The  first  evidence  we  brouglil  before  you, 
was  for  tbe  purpose  of  proving  a  conspiracy  in 
general,  to  uverlurn  the  constitution  of*th« 
country ;  and  how  far  Downie  is  a  flee  led  by 
it,  wiir  b^  (or  you  to  determine.  I  think  he 
is  directly  affected  by  it. 

First,  we  prove  it,  by  the  correspondence  of 
seditious  societies  held  in  London,  and  in 
other  places ;  their  letters  say  they  will  have 
means  more  effectual  than  the  petitioning 
parliament  for  a  reform.  What  means?  1 
desire  you  to  take  that  letter  of  hkirving  to 
Hardy,  Into  your  consideration,  and  tell  me 
whetner  it  does  not  directly  point  out  the  pbn 
for  the  destruction  of  the  whole  government 
of  this  country,  and  placing  one  organised  by 
Skirving  and  his  associates  \n  its  stead ;  Skirv- 
ing  says,  we  have  already  formed  a  plan  for 
organization,  that  when  the  time  come^,  he 
and  his  friends  may  be  ready  to  act,  and  may 
not  be  occupying  themselves  with  organiza- 
tion. Take  thatfetter,  and  tell  me  whclhtrit 
does  not  directly  and  pointedly  go  to  the  case 
of  the  dissolution  of  the  government  of  th^ 
nation,  and  Skirving  and  his  organized  body 
taking  the  place  of  the  guverument  of  the 
countr)\  What  does  the  seditious  society  in 
London  do  ?  First,  it  proposes  to  Skirving  to 
adopt  a  method  more  effectual  than  petition* 
ing.     What  is  it  SkirVing  proposes  to  be  more 


♦  Sec  the  Trial  of  sir  Wilh^iu   Parkyuv, 
anic^  Vol  13,  p.  113- 


175] 


84'  GEORGE  IlL 


Trial  of  David  Dawnie 


[176 


cfifectual  than  petitioning?  A  Conrcntioa. 
WhatisSkinring  and  the  society  to  go  on 
with  and  endeavour  to  procure  ?  A  ('onven- 
tioo.  What  is  the  convention  pointed  out  by 
Skirving  in  his  letter  to  do  ? 

Their  determination  is,  tliat  if  the  legisla- 
ture dares  to  do  a  particular  act  in  the  e?(ercise 
of  its  legal  fttnctions,  they  will  resist  that 
legislature.  What  is  this  in  plain  English  but 
«  conspiracy  to  overawe  the  legislature  from 
doing  its  duty ;  if  it  does  its  duty,  to  resist 
and  robcl  against  it?  When  that  society, 
calling  itself  a  Convention,  met,  how  did  it 
act?  It  formed  itself  upon  the  model  of  a 
convention  in  another  country,  the  effects  of 
which,  in  that  kingdom,  I  need  not  state.  It 
next  assumes  the  name  of  a  British  Conven- 
tionw — Ailer  that  name  is  assumed,  do  you 
hear  a  word  of  petitioning  parliament?  No. 
My  learned  friend  read  a  passage  from  the 
Mmutes,  in  which  it  was  proposal  by  some 
members  to  petition  parliament ;  the  idea  is 
treated  with  contempt :  and,  afler  that,  shall 
I  be  told  it  was  a  society  for  the  purpose  of 
petitioning  parliament  for  a  reform  ?  They 
tell  me  themselves  th^  did  not  intend  to  pe- 
tition. But  is  that  all  ?  Do  they  stop  there  ? 
lliey  come  to  a  resolution,  in  which  they  ex- 

Essly  declare,  that  they  will,  in  a  variety  of 
en  cases,  resist  the  authority  of  the  legis- 
ire;  and  if  parliament  shall  dare  to  pass  a 
particular  law,  they  will  dare  to  meet,  m  de- 
nance  of  that  law,  till  superior  force  obliges 
them  to  desist;  force  superior  to  what?  Gen* 
tlemcn,  can  you  read  this  resolution  otherwise, 
than  as  a  resolution  to  continue  to  act  in  dis- 
obedience to  the  laws  of  the  legislature,  to  con- 
temn its  autliority ;  to  resist  the  execution  of 
its  decrees,  till  a  force  superior  to  their  force, 
should  compel  them  to  desist.  Gentlemen, 
what  is  this,  but  a  conspiracy  against  the  le- 
gblature  of  the  country,  and  a  resolution  to 
resist  it  by  force ;  and  what  sort  of  a  war 
would  it  have  been,  if  the  legislature  of  thb 
cotmtry  its  King,  Lords,  and  Commons  is  to  be 
resisted  by  force  ?— Would  it,  or  would  it  not 
have  been  a  war  directly  against  the  person  of 
the  king,  and  directly  endiuigering  his  safety  ? 
What  is  to  become  of  his  majesty,  sitting  in 
his  parliament,  if  another  parliament,  sittme 
in  Edinburgh,  or  any  where  else,  are  to  tell 
the  legislature  how  far  they  will  obey  or  not. 
But  this  is  not  all.  They  provide  for  future 
conventions,  and  form  themselves  into  a  |>er- 
manent  body,  to  meet  and  to  act  as  occasion 
shall  require ;  they  resolve,  that  each  dele- 
gate, when  he  returns  home,  shall  desire  his 
constituents  to  choose  a  fresh  delegate  to  a 
fresh  convention,  and  providing  a  fund  for  de- 
fraying the  expense  of  that  delegate.  It  was 
asked  nw,did  I  mean  to  criminate  Mr.Downie 
Ibr  what  he  did  as  a  member  of  the  British 
Convention.  I  say,  gentlemen,  that  I  do  not 
But  if,  afier  Mr.  Downic  was  brought  here  as 
a  witness  on  the  trial  of  Mr.  SkirviDg,  he 
chooses  to  act  upon  the  nesohitioo  of  that  as- 
sembly, to  adopt  its  purposes,   further  its 


views,  act  upon  its  plans,  and  do  that,  which 
its  last  resolution  pointed  out,—  to  endeavour 
to  procure  a  deiegdtc  to  be  elected  to  another 
new  convention  ;  and  if  he  did  collect  money 
for  that  purpo^ic  —I  do  mean  to  connect  Mr. 
Downic  with  those  acts  I  have  proved  of  his 
knowledge  of  the  act^  of  the  British  Conven- 
tion ;  now  I  come  to  that  which  directly  cri« 
minates  him.  He  knew  the  operations  of  that 
convention.  What  did  Downie  do  ?  lie  meant 
to  provide  for  defraying  the  expcnf«e  of  dele- 
gates to  another  convention.  Mr.  CuUen 
asked  me  if  I  meant  to  assert,  that  every  man 
who  is  concerned  in  what  is  called  the  cause 
of  reform,  is  to  be  supposed  going  the  whole 
criminal  length  of  every  other  man  engaged 
in  the  cause  of  reform  ?  I  say,  most  certainly 
not.  But  if  I  prove  that  Downie  acted  upon 
the  plans  and  views  that  the  British  Conven- 
tion did,  then  I  criminate  him.  What  was 
this  Committee  of  Union  ?  What  was  this 
Committee  of  Ways  ami  Means.  The  Con^ 
mittce  of  Union,  you  have  been  told  by 
MHUubben,  Orrock,  and  Brown,  one  of  its 
members,  that  the  Committee  of  Union  was 
for  the  electing  a  delegate  to  another  conven- 
tion, and  providing  monev  ibr  the  expense  of 
the  delegate.  What  is  this  less  than  acting 
upon  the  last  vote  of  the  Bridsh  Convention^ 
which  broueht  about  their  disper^^on.  What 
was  that  other  convention  to  be  ?  The  paper 
circulated  about  it  calls  it  another  British 
Convention.  Tlicn  the  ne.\t  convention,  to 
which  Mr.  Downie  was  to  elect  a  deputy  and 
pay  his  expenses,  was  to  be  similar  to  that  I 
have  mentioned.  What  was  that  convention  ? 
It  was  of  that  criminal  nature  I  have  stated,-^ 
a  conspiracjr  to  resist  the  legislature  in  the 
exercihc  of  its  functions,  to  support  itself  by 
force,  and  not  to  desibt,  till  opposed  by  that 
which  puts  an  end  to  all  rebellion,  superior 
force. 

It  might  be  said,  tlicre  was  to  be  a  convenr 
tion  to  meet  in  England ;  and,  however  ille- 
gal the  British  Convention's  views  and  pur- 
poses might  be,  Mr.  Downie  meant  not  the 
British  Convention  that  was  past,  but  the 
convention  which  the  £ni;lish  sociolies  meant 
to  call  in  England.  What  was  it  thc^'  meant 
to  call  in  England  ?  A  convention  similar  to 
the  British  Convention,  another  British  Con- 
vention, the  views,  the  objects,  and  acts  of 
which  these  Eiiglish  societies  applauded,  ap- 
proved, and  adopted :  and,  I  may  add,  that 
the  most  violent  of  the  acts  of  the  British 
Convention  were  the  natural  and  necessary 
result  of  the  principles  laid  down  by  the  Lon- 
don Corresponding  Society  for  the  direction  oi' 
its  delegates.  If  you  read  the  minutes  of  the 
Globe  Tavern  Meeting, — if  you  read  that 
paper  pubHshed  and  ^  circuLitcd  at  Chalk 
Farm, — the  whole  of  those  proceedings  arc 
founded  upon  the  last  vote  oi*  the  British 
Convention.  The  dispersion  of  that  conven- 
tion is  one  of  the  grievances  complained  of, 
and  It  is  the  model  upon  which  the  new  con- 
vention is  to  be  framed.    It  is  to  meet  in  the 


177J  J^f  High  Tre&ion: 

!  er^tiU;  to  resist  Hit  •  ufUiii  le- 

Xitte ;  la  tcpel  forcx*  Ij;  .  prtivenl 

Lerdi^   and   iloniinoQs  i 

c0tiHUA«r««  MwA  r««i9lilfthoTi 

llir  sme  maimer  as  tite  Bnti$it  vu..v,muij4) 

Jlivc  retuivctl  to  do. 

I  tf  i  I  ect  for  a  I 


A-  D-  ITM. 


[ITS 


,ii! 


1' 


aod  Hie  li 
liaelion  eti* 
lbr€emmjr 


»a  ftp  rt 


■Mil  WDUi 

Jloiinilput 
Horn  rti9  tn. 


al.i 


a 
tte  I' 

niylmbecfRi 

iljr  »i€t  lur  one 


mui  II ic 

k7 


by 

.t  V  *4ie*>iiv  auil  the 

ncc  bctwetn  that 

Ak ;  the  nicest  di*- 

Hfn.     Theohjeclof 

■'"  Jla 
on- 

"1  NIC  le- 
iuit?  ba 

.;   I - 

e?  It  is  a 

,  [lolr  t'\t'C\  I 

■111 ; 

lila 

ilurc  oi 

3d,    that 

is  uijiUiti^    more 

Ti   i^Mi*  is  done, 

rtlL'ct:  from 
iilion  tnci  to 
,  and  deter- 
l>>  a  superior 

ir.  IS  no  If^.J  JUl- 

%  Jx>rfJ^,  and  <  oin- 

uiuhdated,  if  such 

diij%    That  coulil 

i.  suvs  my   tricnd;  Tor  if  il 

. ->i  the  n>embMs  of 

M   tf'  br  ^udty  of 

,  thill  if 

1 1  in  the 

bcr,  ilicic  wuuU  have  been 


K  lly  the 

e  tnlurc 
10  support 


Elf- 


of 
lid 

'.;  a 
life 


omMntoiif  Mui  keeping  up  the  npint  ot  the 
fiilMii  <if  tbt  Pf  cTpir.  OttM-rvt^,  fur  one  n»<>- 
MSDf,    «»llat  tec    of  VVavs    ntld 

McMMii  ftrt:!  wduuJs,   l)nt  :irtrng 

ArtM  piiqicii4^  vihich  I  have  sUfrd,  dial  oo 
Mttlf  ilf  the  Ftiefwln  fif  Ih*!*  Prnple,  tODsl- 
^dW^M  lii  y»  lNi  itsfnisi- 

•«».    lis  0w  fni  lU,  aud 

"^   -^ornr^  Jt  i:uiUlllli1«e 


acted  by  authority,   and  uii  hthulf  of  the 

Friends  of  the  People  ;  and  mnrk  iht«  wordw, 

u  rctoUcfi  i !  Ill  one 

'  ^*     One  I  *  Rs  uf 

elect  and  pay  the  ejipcnscs  ol  to  ii 


*  Uie  important  e!nibaA!»y  whi'  u 

i'k'dlo  Vol  I  by  the  witnesses  ;  ai  ,    ri 

ufif  was,  to  provHie  fur  tiic  grand 

plari  ,  and  not  a  trivial  part  uf  it,  was, 

to  pTt>curc  iit^lrument^,  such  as  you  now  see 
upon  yonr  tdble  ;  and  shall  I  now  be  told  all 
Ihig  wai  irmocent,  and  that  the  convention, 
intended  to  b^  called  and  supported  by  butli 
mean^,  had  nothin*;  more  than  a  legal  relorin 
in  view?  1  dare  say  thousands  of  itu^e  dc- 
hitkd  men,  who  p:r  r  * 
Friends  of  the  Vwr, 
^ "  H',  as  I  hav€  he 

lod  and  many  r  Ir  ^ 

la  :    hut  was  tht  '.         :..-l  .:  yj 


the   name 
such  objects 


W. 


VIMU  XXIV, 


of 

in 

Jay 
1 1'  tr 

i.3 

Means  deluded?  Was  it  dchision  that  Jed 
lliem  to  send  Fairlcy  round  the  country  for  the 
purposes  for  which  he  went  ?  Was  it  delusion 
tlmt  made  them  desire  Orrock  to  provide 
pikes  P  Was  it  delusion  that  induced  them  to 
pay  Brown  lor  the  pikes  be  had  made  ?  Was 
It  delustion  that  made  them  consult  and  con- 
sider of  the  cxtraordmary  plan»  of  which  you 
have  heard  so  much  ?  Mr.  Cullen  desired  you 
til  consider,  whether  it  was  possible  that  tiiese 
low  men,  assembled  in  small  numhrrs,  jin^iint 
all  these  great  purposes  which  I  h;ivt*  vfaled 
ihera  to  have  meant ;  and  slated  the  wildncss 
and  extravaf^ance  of  the  plan,  as  rendering  it 
impossible  for  you  to  give  credit  to  it»5  exist- 
ence. Whether  the  sch*?me  was  wild  and  ex- 
travagant, or  not,-- 1  will  not  take  ujion  me 
to  sny  :  1  he  wild  n ess  and  exiruvagatice  of  the 
scheme  does  not  prove  the  scheme  <hd  not 
ejcist;  and  men  arc  not  to  cscaf>c  puui%h' 
nient^  because,  thank  G*hJ,  iljc  spirit  of  the 
cotmtry  is  such,  thai  any  such  pian,altlK>ugh 
supported  by  numbers  much  p^eater  than 
theirs,  and  men  more  powerfid  than  J  hoy, 
would  be  Wild  and  eiilravaeunt:  But  why  sire 
such   schemes  wild  and*    '"  nt.     Il  is, 

becvmse  the  spirit  «jf  lb  is  awake; 

and  because   so  mi3T:''  -  ii. habitants  of 

these  kinc^doms  ba\  ed  lorth  by  the 

alarm;  and  have  stot.L 1  m  u  w  iv  whif  h 

docs  them  huuour,  aitd,  i  tru^t,  bn  e  ] 

to  the  designs  of  malevolent  and  y/\< 
whether  few  or  numerous;  whettirr  Jit  iron 
or  abroad.     But,  thM  there  wan  ^^ich  a  phin  j 
not   less  true,  beCHu*«   national  loyalty  aii^ 
spirit,  a  love  for  the  king,  and  veneration  ta 
iiic  constitution,  hare  r«odered  il  wild 
extravagant 

Oentlemen,  you  nughl  hav<»  thought, 
haps,  in  former  parts  of  your  life,    that 
scheme  bv  '  n  low  occupatbns  ii 

Jde,  and  pomt  uf  money. 

averb«t  aii  t  ^*iibvi»4  lUt'  ^^^^enuueut  ^A  %^ 

N  m 


Bi^aaiSiAHtfii^s^a^ 


179] 


S*  GEORGE  111. 


Trial  of  David  Do^nie 


[180 


country,  was  a  thing  so  extmvajant,  that  its 
extraviigance  was  evidence  of  its  natt-ej[ist- 
ence:  but  can  you  think   so,  at  this  day? 
Have   you  not    seen    a   mighty   monarchy 
crurableri  to  pieces?   Have  you  not  seen  a 
great  king  lea  to  the  scaffold  ?  Have  you  not 
seen  all  that  was  great,    was  learned,  was 
respectable  or  sacred,  in  oue  of  the  mightiest 
monarchies  in  Europe,   scattered  like  chaff 
before  the  wind,  by  instruments  whom,  hut  a 
few  years  ago,  you  should  have  thought  vile 
and  contemptible?    To  use  the  phrase  which 
I    borrow  from   my  learned  friend  near  me, 
Uecause  I  never  can  do  better  than  when  1 
liorrow    from   him- — Such   schemes  are    the 
trea-^on  of  the  day;   the  growth  of  this  par- 
ticular period;  the  treason  of  the  hour  in 
which  we  now  live.    Melancholy  experience 
assures  us  of  their  existence;  and  even  their 
extravagance  itself  may  rn  some  degree  fur- 
nish the  means,  and  faciUtate  their  execution,   i 
I  must  next  call  your  attention  for  a  very 
few  moments  to  this  committee.    First,  it  is 
-to  pay  the  debts  of  the  past  convention  ;  then 
to  provide  for  the  expenses  of  delegates  to  a 
Dcw  convention ;  tlien  it  becomes  a  Committee 
fof  Union  too   large  to  act,  too  great  in  its 
lliumbcrs;  then  a  smaller  committee  is  formed ; 
b  permanent  committee ;  a  secret  committee, 
Ffionsisting  of  seven   mem  be  re,  chosen  from 
[the   CommiUee  of  Union.      What  are    the 
IjKJwers  entrus^ted  to  that  committee?    Unli- 
fliiiLed  powers  overihc  s<3ciety  at  hrge,  as  far 
[^  delegation  can  go.    One  of  the  witnesses 
id  great  difficulty  in  saying  it  was  a  secret 
IfommiUee,  and  did  not  know  what  committee 
Jilwas>;  at  last  he  says,  it  was  just  such  a 
Icommittee  as  men  would  have  who  wished  to 
I  keep  their  business  secret  and  private;  that 
[is,  a  commiLlee  of  secrecy.     Now,  what  are 
rthe  acts  of  this  committee?   Its  ftrsl  act  is,  to 
Testablish  a  set  of  collectors,  who  were  to  col* 
fleet  sense  and  mone^  ;  who  were  to  know 
[  vhat  number  of  patriots  could  be  depended 
^lipon;  what  exertions  could  be  made  in  the 
great  cause. — Read  the  circular  letter,  and 
nen  tell  me  what  were  the  views  of  the  com- 
FlDittee,     *'  We  would  wish  to  be  informed 
[  iKhat  number  of  friends  you  have,  whose  pa- 
ir iotissm  you  can  rely  upon,  with  the  most 
[implicit  confidence,  and  whom  you  know  will 
I  spare  no  exertion  whatever  iu  promoting  the 
L great  cause  we  have  in  hand;'*  patriotism  is 
not  sulficicDt  1  greater  exertions  are  necessary. 
[  What  were  these  ?    Read  Fairley's  paper  with 
the  blank,  as  he  has  filled  them  up;  what  is 
wanted  at  Stirling?    Courage.    What,    was 
courage  wanting  for  a  petition  to  parhament? 
wai  courage  wanting  to  procure  a  reform  by 
legal  and  peaceable  means?    No:    courage 
was  wanted   for  the  hand   to  guide    tho^e 
pikes;  courage  was  wanted  for  the  toijcclors 
v^ho  were  to  conduct  the  division*;;  couraj^c 
was  wanted  to  seize  the  Castle  of  Edinburgh, 
I'  and  overcome  them  whose  duty  it  was  to  dtf- 
fend  it ;  to  sei^e  the  judges,  aiid  oliier  magis- 
Iratei  of  the  country;  aad  to  3eize  upoa  the 


banks,  and  deluge  this  country  witli  blood, 
from  one  end  to  Uie  other. 

Gentlemen,  one  of  the  first  tilings  done 
after  appointing  tiiese  collectors  is,  a  meeting 
for  the  purpose  of  answering  Mr,  Hardy*s  cir- 
cular  letter,  respecting  another  Britbh  Con- 
vention, about  which  I    have   said  enough. 
Watt,  the  leading  member  of  the  committee; 
Downie,  the  treasurer,  the  general  treasurer 
of  the  Friends  of  the  People,  were  tK)th  pre- 
sent at  that  meeting.     Mr.  Watt  produces  a 
plan  which  he  reads  to  the  committee.    Mr, 
Culleu  reads  a  quotation  to  you,  to  prove, 
that  if  a  person  was  once  present  at  a  consul- 
tation   for    treasonable     purposes,    without 
knowing  wlmt  the  purposes  of  the  meeting 
were,  he  could  not  be  guilty  of  treason  ;  most 
unquestionably  not ;— nor  would  I  call  upon 
you  to  say  Mr.  Downie  was  guilty  of  treason, 
if  he  had  never  done  more  than  being  present 
at  this  meeting:  and  if  nothing  more  passed 
than  passed  the  iirsi  evening  the  plajiwas 
read;   if  Mr.  Downie  had  known  nothing  of 
the  nature  and  objects  of  the  committee ;   if 
he  had  done  nothmg  before  or  since,  to  prove 
his  knowledge  of,  and  accession  to  the  whole: 
the  barely  being  present  at  a  meeting  for 
treasonable  purposes,  without  a  knowleflffe  of 
these  purposes  before-hand^  is  not  of  itself  an 
overt  act  of  hii:^h  treason.    But  what  was  his 
conduct  when  the  plan  i^'as  produced  ?    Two 
persons  (one  of  whom,  if  he  was  engaged  in 
schemes  at  any  time  liostile  to  the  consUtu* 
lion  of  his  country,  has  most  unquestionably 
made  that  constitution  all  the  amends  in  his 
power,  by  the  candid  manner  in  which  he 
gave  his  testimony) ;  I  mean  M*Ewan,  when 
that  plan  was  mentioned,  exclaimed  against  it; 
and  would  not  agree  to  any  thing  that  was  to 
occasion  bloodshed  in  the  country  ;  Mr.  Bon- 
throne  5aid,  No,  no;   and  seemed  to  be  in 
greal  fright, — Bonthrone  immediately  deter- 
mined to  leave  the  society,  and  to  get  rid  of 
it  tor  ever,  and  tree  himself  from  every  dan* 
^erous  consequence,  which  might  attend  his 
having  been  present  at  such  a  meeting,  by 
stating  to  the  world,  that  he  had  withdrawn 
from    these   connexions.      This  conduct  of 
Bonth rone's  strongly  corroborates    the  evi- 
dence of  what  the  plan  really  was;  it  proves, 
that  it  was  a  plan  of  very  i;reat  danger,  and 
very  great  alarm  ;  the  plau  proved  is  precisely 
consistent  with  the  eftec  t  the  reading  of  it 
produced  on  them  ;  it  was  to  seize  the  Casllc 
of  E<linbtiTgb,  raise  a  tire  at  the  Excise-of- 
fice, and  when  the  soldiers  came  out  to  ex- 
tinguish it,  the  Friends  of  the  People  sta- 
tioned for  the  purpose,  were  to  attack   them. 
Ah  thes^c  things  wcn^  lo  be  done,  nut  bv  the 
assistance  of  ludilleretU  mcn»  who  might  be 
pitked  up  by  Watt  and  Duwuie;  but  by  those 
who  meant  to  eh  rl  delegates,  and  pay  their 
expenses  lo  a  future  couventioiL  by  the  con- 
stituents of    the  Committee  of  Ways   and 
Means :  one  jiarly  was  to  meet  at  the  Lucken* 
booths,  auolrjcr    at   the  Bow,   others    were 
to  be  statiojicd  to  scire  the  judges  and  ma 


18Ij  fir  High  Treason. 

gistntes    of    the    city,    mnd   the   hanks; 
and  then  couriers  were  to   he   sent  into 
the  couDtrjTy  putting  the  farmers  in  a  state 
of  requisitioD,  and  the  gentry  in   a  state 
of  confinement,  under  the  penalty  of  death 
for  their  disoh^ltence ;  and,  last  of  all,  his 
myesty  himself  was  to  be  made  to  submit  to 
the  inll  of  these  conspirators.     When  this 
phn  is  read,  what  says  Downie  of  it  ?    Is  he 
alarmed  at  it  ?    Is  there  any  evidence  of  his  | 
ft^t  upon  the  occasion ;  or,  is  there  any  ; 
thmg  of  his  drawn  up  to  satisfy  the  world,  | 
be  had  abandoned  all  tnese  committees  ?  But  i 
I  am  ready  to  take  it,  that  at  that  meeting 
be  neither  assented  or  dissented.     It  cannot 
be  denied  the  evidence  eoes  this  length  at 
lent:   but  did  Downie  do  no  more?     Mr. 
Downie  met  Mr.  Orrock  at  that  Committee 
of  Ways  and  Means ;   and  Mr.  Downie  at 
tbat  Committee  of  Ways  and  Means,  with 
Mr.  Watt,  gave  orders  for  the  instruments 
that  were  to  accomplish  this  plan,  and  which 
DOW  lie  upon  your  table.    Does  a  man,  when 
be  has  dissented  from  a  plan,  join  with  ano- 
tbcr  in  ordering  the  instruments  to  accom- 
plish Hy  and  carry  it  into  execution }    Orrock 
tells  you,  Downie  was  present  when  he  had 
tbe  first  conversation  with  Watt,  when  he 
aud  he  would  make  a  pike :    What  did  Or- 
rock do  when  he  made  it?    He  brought  it 
back:   To  what  place?   to  George  lioss's, 
where  the  Committee  of  Ways  and  Means 
Bttt    Did  he  deliver  it  to  Watt  alone,  by 
cdliaf^  him  out  from  the  meeting,  or  deliver 
it  to  hun  publicly  in  the  Committee  of  Union ; 
10,  he  called  out  Mr.  Watt  and  Mr.  Downie ; 
the  Sub-committee  met  in  the  same  house 
vith  tbe  Committee  of  Union;   Watt  and 
Downie  were  members  of  both  committees ; 
and  they  were  called  out  by  Onock  as  Sub- 
committee-men, acting  together,  to  talk  about 
these  pikes.  Did  Downie  say  to  him,  you  have 
been  talking  of  a  plan  that  is  to  destroy  the 
^vcmment  of  this  country  ?    You  have  been 
talking  of  a  plan,  that  mav  deluce  the  streets 
of  Edinburgh  with  blood ;  ana  now  you  are 
providing  instruments  and  weapons  for  the 
purpose  of  carrying  it  into  execution,  I  will 
have  no  more  connexion  with  you:   These 
axe  not  the  purposes  for  which  we  have  asso- 
cialcd :  these  are  not  the  objects  of  our  com- 
mittees?   No.     He  joins  with  Watt  in  telling 
Orrock  to  make  a  numl)er  of  pikes,  and  then 
bring  them  back.     To  whom  was  Orrock  to 
bring  them  ?     To  the  Committee  of  Ways 
and  Means,  consisting  of  Mr.  Downie,  and 
Mr.  Stoke,  and  I  believe  at  that  time,  if  I  re- 
collect, M'Ewaii.     When  Mr.  Downie  hrard 
Mr.  Watt  was  apprehended ;  when  he  heard 
thjit  M*£wan  haa  been  examined,  lie  goes  to 
Mr.  M'Ewan,  and  asks  him  what  questions 
bad  been  put   to  him,  and  tells  hnn— Mr. 
M*£wan,  it  yon  arc  examined  again,  and  you 
are  asked  whether  you  know  me,  say  no: 
aid  if  I  am  asked  wkiethcr  I  know  you,  I  will 
*ay,  no.    Mr.  M'Ewan*  much  to  his  honour, 
Ri'uKd  to  have  any  tiling  to  do  with  such  a 


A.  D.  nQ*. 


ri8i? 


scheme.  But,  Is  Downic*s  the  conduct  of  an 
innocent  man  ?  No.  It  is  the  conduct  of  a 
man  who  had  assented  to  the  plan  from  the 
beginning.  And  here  I  must  remark,  that  it 
was  from  this  conversation  that  M*Kwan  for 
the  first  time  learned  that  Downie  had  paid 
mone}[  to  Martin  Todd  and  Brown  for  pikes. 
Who  is  Brown?  He  is  concerned  in  the 
same  business,  in  which  Downie  and  Watt 
employed  Orrock.  Brown  is  employe<l  to 
make  pikes— Who  pays  Brown?  Downie. 
Out  of  what  fund  ?  Out  of  the  fund  of  the 
Committee  of  Ways  and  Means.  Who  or- 
dered the  pikes  from  Orrock  ?  The  Commit- 
tee of  Ways  and  Means.  Now,  I  am  told,  I 
have  not  proved  that  Downie  knew  that  this 
money  was  paid  for  pikes.  I  leave  you  to 
judge  of  that.  Orrock  was  employed  to  make 
pikes  by  order  of  the  Comniittce  of  Ways  and 
Means.  Brown  was  employed  by  Watt  for 
the  same  purpose ;  he  pays  him  by  an  onlcr 
upon  Downie,  the  treasurer  of  the  committee, 
the  general  treasurer  of  the  Friends  of  the 
People.  Downie  pays  him  out  of  these  funds 
— ^Is  it  credible  that  he  did  not  know  the 

Eurpose  for  which  the  money  was  paid  ?   Did 
e,  who  employed  Orrock,  not  know  the  oc- 
cupation of  Brown  ?    But  if  this  be  not  suffi- 
cient evidence  of  the  complete  assent    of 
Downie,  attend  to    the  evidence  given  by 
Fairley.    Whom  was  Fairley  employed  by  ? 
Originallv  by  Mr.  Watt  ?    No.    By  the  Com- 
mittee of  Ways  and  Means.    Whose  message 
was  he  to  carry  P    A  message  from  the  Com- 
mittee of  Ways  and  Means.    Whose  instruc- 
tions had  he  to  carry  ?    The  instructions  of 
the  Committee  of  Ways  and  Means.    Who 
did  he  give  back  the  instructions  to?     He 
was  to  give  them  back  to  a  clerk  of  the  Com- 
mittee of  Ways  and  Means.    Still  I  am  told, 
that  Mr.  Downie  knew  nothing  of  the  mis- 
sion of  Fairley.    It  is  said,  he  might  mean 
only  to  send  those  letters  and  papers,  and 
might  not  mean  anything  about  the  plan. 
It  was  the    instructions    alone,  which  told 
Fairley  where  he  was  to  go,  and  where  he 
i  was  to  deliver  those  letters.     He  was  to  de- 
I  liver  the  letters  at  Falkirk,  Stirling,  Burrows- 
I  tounness,St.  Ninians,  Kilsyth,  Kirkintulloch, 
!  Campsie,  Glasgow,  and  Paisley.     You  wiil 
!  determine  if  these  instructions  did  not  come 
!  from  the  Committee  of  Wa.ys  and  Means; 
.  for  it  is  admitted  Downie  knew  of  tlie  distri- 
.  bution  of  the  »)apers,  and  knew  where  they 
were  to  be  conveyed ;  and  did  he  then  n<tt 
'■  know  of  the  instructions  by  which  Fairley 
was  told  the  route  he  was  to  tnke  ?     Read 
'  the  circular  letter,  and  say  whether  there  is 
!  not  a  pretty  close  connexion  between   that 
'  letter,  and  the    plan    and   projects  already 
1  mentioned  ?      Whore  did  Fairley  go  when  he 
I  came  back  ?    To  the  Committee  ot  Ways  and 
Means.     Who  jmid  the  cxi»cnsrs  of  his  jour- 
ney?   Downie.     Troin  whom  did  he  get  the 
money  to  enable  him  u>  i^o  ?     From  Downie. 
Now,  if  Mr.  Dowmc  knew  nothing  of  those 
iustructions,  did  it  never  occur  to  him  to  ask 


183] 


U  GEOIIGE  III. 


why  (lid  you  go  to  Glasgow,  o#to  this  or  thdt 
place  ?  Was  Downie  surprised  at  the  circuit 
ne  had  made,  or  did  he  inquire  for  what  pur- 
pose, or  with  what  view  it  was  undertaKen. 
No,  00  tlie  contrary,  he  readily  ^id  him  for 
his  trouble  in  undertaking  the  journey,  and 
seemed  satisfied  with  the  manner  in  which  it 
was  performed.  You  will  judse  from  that, 
whether  Mr.  Downie  knew  of  the  other  trans- 
actions of  the  Committee  of  Ways  and 
Means.  Gentlemen,  you  recollect,  too,  that 
when  Watt  and  Downie  gave  instructions  to 
Orrock  to  make  the  pikes,  Watt  and  Downie 
desired  him  to  keep  in  his  eye  the  drawing 
they  made ;  and  when  he  brought  the  pike 
he  had  made,  he  was  sent  out  of  the  room 
while  Watt  and  Downie  had  a  consultation 
together.  After  that  consultation,  he  was 
cuTled  from  the  Committee  of  Union,  into 
which  he  was  goine,  and  received  from  them 
two  jointly,  the  oraer  for  the  pikes,  which  he 
executed,  and  which  now  lie  before  you. 

There  is  another  circumstance,  a  strong 
circumstance  it  is  too :  a  pike  has  been  seen  in 
the  house  of  Mr.  Downie :  when  it  was  seen, 
it  was  endeavoured  to  he  concealed ;  it  was 
called  by  Mr.  and  Mrs.  Downie  a  dividing- 
knife.  Whetl\er  the  ini^trunient  that  is 
now  produced  be  like  a  dividing- knife  or  not, 
you  will  judge.  That  conversation  between 
Mr.  and  Mrs.  Downie,  affects  Downie  with  a 
knowledge  of  these  pikes  being  in  the  house. 
The  circumsuncc  ol  its  being  called  a  divid- 
ing-knife, and  concealing  both  itK  being  there, 
and  what  it  really  was,  is  one  to  which  you 
will  no  doubt  give  its  due  weight.  Certain 
it  is,  that  it  was  not  foimd  in  his  house  when 
search  was  made  several  days  after  the  ap- 
prehension of  Watt.  Vou  recollect  the  pike 
was  seen  in  his  house  prior  to  the  apprehen- 
.sionof  Watt,  and  posterior  to  theapprenen.sion 
of  Watt  was  not  found  there ;  and  it  was  after 
that  apprehension,  too,  that  he  went  and  had 
that  conversation  with  M'Ewan,  which  I  have 
mentioned:  you  will  judge  whether,  from  all 
these  circumstances,  there  is  not  complete 
evidence  of  Downie  be'inf'^  part iceps  crimims; 
of  his  having  assented  to  that  plan  of  treason, 
in  all  its  circumstances;  the  conversation 
withM*Ewan;  the  tinding  the  pike  in  the 
house;  conversing  with  Hrown ;  sending 
Fairley,  and  paying  him  after  he  rame  back 
from  his  journey  ;  the  pikes  being  actually 
made  by  Orrock,  as  ordered  by  him  ;  and  his 
not  dissenting  from  the  plan  when  read,  and 
his  full  knowledge  of  all  the  views,  plans, 
and  objects  both  of  this  convention  and  the 
prcccdinu  convention,  with  all  those  rircum- 
stances  in  your  minds,  tell  me  whether  the 
result  is  not  complete  conviction  ? 

Now  I  come  to  the  Fencible  paper.  Upon 
that  I  shall  make  no  comment.  1  desire  you 
to  read  it ;  and,  after  you  have  read  it,  judge 
whether  it  does  not  insinuate  to  the  soldiers, 
that  their  wives  will  be  ravished  ;  their  chil- 
dren and  fathers  butchered  by  troops  of 
fi^reign  mercenarioB.    Gentlemen^  does  tbe 


TrM  of  David  Dannie  [IBi; 

Eaper  mean  that  these  horrible  deeds  were  to 
e  perpetrated  by  foreign  invaders?  Tliey 
were  to  be  perpetrated  by  those  who  come  to 
be  received  here  in  kindness  and  hospitality. 
Who  are  these  that  are  to  be  received  with 
kindness  and  hospiulity?  That  paper  saysy 
these  outrages  were  to  be  the  return  for  kind- 
ness and  hospitality.  To  whom  was  kindness 
to  be  shown  ?  To  the  troops  brought  here  by 
his  majesty  to  defend  the  country,  and  not  to* 
those  that  come  to  invade  it.  The  allusion  to 
the  massacre  of  Glencoe,  while  it  brings 
melancholy  and  disgraceful  scenes  to  our  re- 
membrance, clearly  points  out  what  the  troops 
are,  which  the  paper  insinuates  were  to  be 
brought  here  to  do  those  deeds  of  horror. 
What  is  the  fair  construction  of  this  paper, 
but  an  endeavour  to  insinuate  to  the  soldiers 
of  this  country,  that  if  they  were  to  defend 
another  part  of  this  nation  Irom  an  invasion, 
the  very  government  they  went  to  defend, 
would  ravage  their  country,  destroy  their  fami- 
lies, and  massacre  every  person  they  held  dear. 
A  dotibt  has  been  suggested,  whether  the  dis- 
l>ersion  and  publication  of  the  paper  can  be 
evidence  under  this  indictment?  I  take  it 
there  is  no  room  for  such  doubt. 

Gentlemen,  we  have  charged  the  prisoner 
with  a  conspiracy  to  resist  the  government  of 
the  kingdom.  We  have  charged  him  with  a 
conspiracy  to  compel  the  king  to  yield  to 
certain  demands.  I  am  entitled  to  give  every 
act  of  his  in  evidence,  which  will  prove  that 
conspiracy,  or  which  can  explain  the  objects 
he  had  in  view.  Above  all,  I  am  entitled  to 
give  in  evidence  the  means  he  used  to  make 
that  conspiracy  effectual,  and  the  mode  he 
took  to  compel  the  king  to  >ield  to  his 
demands,  the  engines  he  employed  to  support 
his  convention,  and  render  vain  all  resistance 
to  its  decrees.  One  of  these  means  were, 
those  instruments  Iving  upon  the  table?  ano- 
ther was,  inciting  tiie  soldiers  to  mutiny  and 
rebellion,  and  depriving  the  crown  of  those 
legal  means  of  resistance,  with  which  the 
conslitiUion  has  most  Mi^ely  entrusted  it.  I 
am  not  obliged  to  lay  all  the  evidence  as  overt 
acts;  out  ot  kindness  to  the  prisoner,  and  in 
order  th.it  he  mi»ht  have  as  lull  a  knowledge 
as  possible  of  tne  case  we  meant  to  make 
against  him,  as  this  mode  of  trial  is  somewhat 
nmv  in  this  country,  we  have  been  unnecessa- 
rily minute  and  particular  in  our  indictment. 
Many,  very  many  of  what  we  have  laid  as 
distinct  overt  acts,  might  have  l>cen  given  in 
evidence  under  a  more  general  charge.  It 
cannot  be  doubted  that  the  plan  iuv  securing 
the  Castle,  and  every  thing  relative  to  the 
ordering  or  ])repariiig  of  pikes,  might  have 
been  given  in  evidence  under  a  charge  of  a 
conspiracy  to  levy  war,  or  to  depose  the  king; 
and  of  that  conspiracy  there  would  have  been 
evidence ;  they  may  alsu  be  stated  as  overt 
acts  in  themselves ;  because  they  are  means 
used  to  effectuate  the  |nirpose  of  the  mind, 
and  that  a  purpose  which  cannot  be  carried 
into  ezecviion,  without  endigigering  the  life 


183] 


far  High  Treason* 


A.  D.  17M. 


[186 


of  hb  mfttesty,  and  bringing  his  person  into 
danger  and  peril ;  a  more  direct  evidence  of  a 
coDiipiffacy  to  levy  war  again&t  the  king  can- 
not M,  than  the  circumstance  of  debauching 
the  araayy  and  endeavouring  to  arm  the  sub- 
jcclB  against  the  sovereign.  It  is  to  deprive 
ilie  king  of  the  assistance  of  his  subjects,  and, 
in  the  words  of  lord  chief  justice  Treby, 
which  1  have  already  read  to' you,  he  that 
intends  to  deprive  the  king  of  the  assistance 
of  his  subjects,  cannot  intend  less  than  his 
ruin  and  destruction. 

Now,  take  all  these  facts  together.  Take 
the  intentions  they  had  in  view;  the  means 
they  took  to  carry  their  intention  into  execu- 
tion :  take  the  plan  of  calling  a  convention ; 
take  the  plan  of  seizing  the  Castle;  consider 
what  were  to  be  the  nature  and  power  of  that 
convention  when  called ;  the  means  used  to 
dd)auch  the  army ;  the  actual  facts  of  making 
and  providing  arms;  and  then  judge,  geutlc- 
men,  whether,  ifthis  scheme  had  been  carried 
into  execution,  his  majesty's  life  would  not 
have  been  in  danger }  Had  this  scheme  been 
carried  into  execution,  there  would  have  been 
DO  covemmcnt  in  this  country.  The  Kin^, 
Lords,  and  Commons  were  superseded  in  their 
aathoiity ;  force  was  to  take  place  of  law,  and 
the  wiJl  of  the  multitude  to  stand  in  lieu  of 
the  constitution.  It  is  with  great  satisfaction 
1  say,  that  all  those  designs  have  proved 
abortive.  I  know  that  there  is  a  spirit  of 
loyalty  in  these  soldiers  who  have  been  at- 
tempted to  be  debauched,  as  well  as  in  almost 
all  the  inhabitants  of  this  country,  which  I 
trust  will  long  render  all  such  attempts  abor- 
tive, by  whomsoever  they  may  be  made,  or  by 
wbomsoever  they  may  be  conducted  But, 
let  it  not  be  said,  that  because  such  scheme 
Bay  be  abortive,  if  attempted  to  be  carried 
into  eieaition,  that  those  concerned  are  not 
to  be  puni«hed  for  the  crimes.  It  is  no  light 
thing,  gentlemen,  to  attempt  to  set  aside  the 
xoyernn'ient  of  the  country.  The  slightest 
evils  which  can  arise,  and  the  least  dangerous 
consequences  that  must  ensue  from  attempts 
to  supersede  the  laws  and  constitution  of  the 
country,  and  to  render  every  thing  subservient 
to  the  will  of  the  multitude  is,  the  letting 
loose  the  turbulent  passions  of  mankind,  and 
the  removing  for  a  time  the  wholesome  rc- 
Mraints  of  law  and  order ;  and  it  is  no  light 
thin^  to  remove  the  restraints  of  law  from  the 
multitude.  The  restraints  of  law  arc  as  much 
a  part  of  your  liberties,  as  any  other  part  of 
the  const  it!  It  ion.  It  is  the  reslramtoflaw  that 
confines  the  unruly ;  it  is  the  restraint  of  hiw 
that  cuntroh  the  violent;  it  is  the  restraint 
of  law  that  prevents  the  turbulent  passions  of 
niaiikind  from  overwhelming  this  country  and 
every  other  '■oiintry  in  blood.  Remove  tht* 
restraints  of  hiw,  and  no  one  can  icll  the 
mi^liief  he  introduces.  Its  eflfcct  upon  tlio 
BMilittiidc,  which,  in  all  ages,  and  in  all 
cormtrieA,  is  nearly  the  same,  is  well  described 
hy  the  eliegant  Roman  historian  Livjr,who,  in 
n«irbUng  some  of  the  sudden  rcvolotums  which 


took  place  in  some  of  the  states  of^icily,  in 
which  the  minds  of  the  lower  orders  of  men 
were  much  aritated,  philosophically  and  ele- 
gantly remarKs,  '<  ilxc  natura  multitudinis 
est:  aut  servit humilit^r,  aut  supcrbc  domina- 
tur :  Libertatem  quae  media  est,  nee  spernere 
modic^,  nee  habere  sciunt*  et  non  ferm^ 
desunt  iranim  indulgentes  mmistri,  qui  avidos 
atquc  intempcrantes  plcbeiorum  animos  ad 
sangiiinem  et  cedes  irritent:  Sicut  tum  ex- 
templo  prac tores  rogationem  promulgarent,  ac- 
ccptaque  pene  priusquam  promulgata  est,  ut 
omnis  regia  slirps  interficeretur."  May  God, 
in  his  good  providence,  avert  such  evils  from 
this  happy  land !  But  let  us  not  be  inattentive 
to  the  page  of  history,  or  to  the  experience  of 
the  present  hour,  and  leave  unpunished  these 
dangerous  attempts,  because  the  spirit  of  the 
nation  may  ultimately  render  them  abortive. 
Such  an  attempt,  dchberately  resolved  upon, 
and,  as  we  imagine,  clearly  proved,  we  have 
laid  before  you.  It  is  your  duty,  calmly  to 
weigh  the  whole  of  the  evidence,  coolly  to 
consider  the  matter,  and  lay  vour  hand]»  to 
your  hearts,  and  say,  ii^hether  this  prisoner  be 
guilty  or  not,  of  the  treason  laid  to  his  charge, 
as  the  crime  is  great,  and  the  consequences  of 
the  attempt  dreadful.  Yeu  are  anxiously  to 
guard  agamst  every  impression  which  horror 
for  the  crime,  or  dread  of  its  consequences, 
may  have  upon  your  minds.  If  the  crime  is 
great,  the  punishment  is  also  the  greatest  the 
law  knows,  or  which  a  subject  of  Uiis  country 
can  suffer:  and  satisfactory  ought  to  be  the 
evidence  which  calls  upon  you  to  pronounce  a 
verdict  of  guilty.  Such  we  think  we  have 
laid  before  you;  but  if  you  can  acquit  him 
upon  the  evidence,  I  shall  rdoice.  I  have 
done  rny  duly,  and  my  learnen  friends  their 
duty,  in  laymg  the  case  before  you.  It  is 
your  huhiness  to  judge  of  it,  and  judge  of  it  I 
am  sure  you  wil^  in  a  manner,  that,  whether 
you  acquit  or  condemn  the  prisoner,  from  tlie 
cluractcr  you  bear  in  the  world,  and  from 
your  conduct  and  attention  this  day,  your 
decision  will  reflect  honor  on  yourselves,  and 
credit  on  your  country. 

SumfiiiG  UK 

The  Lord  Presideni ;— Gentlemen  ?— Tlic 
circumstances  which  have  been  exhibited  to 
view  upon  the  present  occasion,  are  some  of 
then)  of  a  nature  so  extraordinary,  that  I  be- 
lieve, at  any  after  time,  the  existence  of  tiiem 
will  not  easily  be  credited. 

Tlicre  have  been  periods  in  the  history  of 
this  country,  (I  mean  Ijcotland),  when  the 
lower  classes  of  people  had  reason  to  com- 
plain of  their  condition;  wlien  ignorance, 
idleness,  and  superstition  reigned,  and  poverty 
was  the  consequence  ;  when  the  power  of  the 
ni»hU:s,  and  chiefs  of  clans,  was  too  great  for 
the  kin^  and  the  body  of  the  people.  In 
those  times,  commerce  and  manufactures 
were  unknown  amongst  us,  and  agriculture 
was  nearly  in  the  same  state ;  the  chief  em^ 
pk)ymcnt  of  all  ranks  of  men  in  the  country^ 


IS7J 


34  GEORGE  fIL 


Trial  cfDinid  Dovcnie 


ri88 


hrin^  ovti  w;ir,  Umiiy  fnuU,  riot,  and  depre^ 
rhtKm.  Rut  how  wirlcW  diflferent  haw  the  «Ule 
of  thi<  country  fiffri  for  ft  conittflcrable  lime 
hwk  '  And,  pnrrirtiUrlyy  v^hat  is  it  at  the  pre- 
Afint  niornrrit  ^  f  will  ircntiirc  ti>  »ay,  there  is 
no  rmiritry  rxisting,  which  is  at  present  more 
fl#iiiri«hmfi(;  no  peoole  whose  general  con- 
diti/»n  i^  hrtter,  or  wh'ise  rights  and  hberties 
HTf  nuiTf.  firmly  s^-curwl. 

f  rr nrlcmen,  the  evil  d'>es  not  lie  there,  but 
in  H  dillcrrnt  qii.irler  altr^ffether.  f  am  afraid 
it  is  loo  wfil  known.  ItTies  in  the  insidious 
nttrrnpU  ii(  driii^ning  and  desperate  men,  to 
brinji;  ihisrounlry  into  the  misrralilc situation 
of  l'r»i»(:r.  It  IS  not  a  fltnig^lc  for  liberty,  in 
a  proper  sensr.  It  is  not  a  strii)];gle  for  hap- 
piness. It  i«  not  a  strngf(le  vvtiu  for  reform, 
tlioiiKh  tliat  word  has  brea  inurh  used.  Ke- 
jorni  is  no  doidit  the  prricnre;  but  it  is  too 
obvious  that  Ibr  rejil  olijf'cl  is  power.  It  is 
to  throw  thf  powrr  ol  thrRUite  iulo  the  hands 
of  jMipulnr  Irndrrs,  who  thrnisrlvf:s  would  be 
bMl,  tiH  thry  ;irn  in  itnothcr  rounlry,  by  the 
nmltitudr. 

(trnllrnirn,  it  is  nrnHesn  to  enlarge  ii|)on 
tlii>;  tri|ii( .  I  will  only  br{(  Iruve  to  read  a 
pRssti^r  wliirh  strut  k  inr  ii  goiKl  deal  in  an 
ndniiinhlr  spfrrh  lately  ilrlivrrnl  in  the  par- 
rMiucnl  of  lirlnnd,  wdrrr  this  matter  is  put 
in  a  I  Inir  point  <»f  view.  ••  The  rash  career, 
lUiil  lutal  ruii<(ri|uriuTS  of  a  rcfoiniing  spirit, 
ha VI'  latrly  brrii  hrou)cht  before  our  view  by 
fticln  H)  si  liking  luid  impressive,  that  what 
was  formerly  ronjerluir,  is  now  eonviilion; 
and  ifwr  will  not  liillowtlie  example  of  others, 
we  n»ay  possibly  add  to  future  misfortunes, 
till'  agftravsition  of  <«elf  n'nr«»,icli.  The  pro- 
pn  «is  iH  natural,  and  is  applieable  as  a  warn- 
ing; to  rvrry  eouulry  in  Ivurope ;  for  there  is  so 
murli  ui\ifornul\  in  the  uahire  and  prweed- 
in^^ol  nianjhal  in  their  eombinalioiiNul must 
ah\:»>''  ^inular  r-uivs  produre  similar  elVctls, 
sinulai  « onihtions  similar  eonst'ipicmes,  and 
thrrefoiv  I  do  not  he<^itate  to  say,  with  every 
degviM'  o1  rr*pei't  and  alVeftion  for  the  people 
.let in j:  xvUlnii  theii  p»oj»er  spheiv.  with  every 
degree  of  lonvjclion.  that  their  h;»ppiiie?s  is 
the  *  hirl  euil  and  iA\\fy\  ofevrry  giHHi  i;overn- 
menl ;  \  lio  not  hesitate  to  say.  that  there 
nevTv  ha*  brrn  an  m^'tanre  in  ar.v  a^e  or 
eomUn.  ni  \xhiih  ^v.IiIumI  povrr  ^la*  l>cen 
av«u«iri^  t^\  the  loMTi  oviler*  v^f  thr  i>r*","»le. 
bx  thi^*r  w|;o^r  ri^i.*at;rn  i«  rj;ni^ran»'e.  \vho»^ 
^ondjiion  IS  nnrevl;«nit> .  who>«*  patnmonv  i* 
hooe,  aud  wh^^*.r  empnr  mn*t  br  commotu''n. 
vhitl^  lia«  nol  ^MV\o*1  suli\r;M\c  of  iiUtIv. 
I'.rs'.v".,  nx  r  iM  iV.r  penrvai  h a }Y' '•"»<"  "'J^.  ■'^•"»^^  I'^T- 
tienijtii'*  rnt,-.itoiV^te  to  1hl^^r  t*ho  Ctrc  \hc 
ar,th,Mv  0*11  " 

^X  c  rr  ft  r  X    f.^  r. ! .  r  r   ;  1 1 .  ^  »>•..■.•.■.  .■  "i"s   n  ( w  <s.-,  ■.  x ,  1 

psv».a.cf.  u'v. '•.  \  •p.'.C.:.-,  I  i,-.  have  \c:\*\  i.\  a 
s-n\  a»i Mit  UxA  »r,v.-.  rrjv.Mvs  Tlir  ftii 
thoi  o:"^  hal  K^.^K.  sm,^njE  .'-ihrr  t  I'.ino.  *V'Wpare5 
%  Mstf  t<-^  ?  *.l.ip.  sind  If  iN  a  ^^^:x",  »*»r  pciLap* 
a  table  (Knt  ii  i»  tt<>  mnuei  whlrh^,  ot*  the 
rnmofaahipKaxingtalcttiill  A  their heftds 


to  say,  what  right  has  «iich  a  man  to  be  a 
master  ?  What  right  has  such  aaother  to  sit 
at  the  helm  and  be  pilot  ?  Have  we  not  all 
aa  much  skill,  axMl  are  we  not  all  eoual  by 
nature?  Upon  this  thev  immediately  pro- 
ceeded to  areas  themsefves  in  the  officers 
clothes;  to  get  drunk  with  their  liquors ;  and 
having  taken  the  command  of  the  ship, 
the  consequence  was,  they  steered  her  upon 
rocks  and  hhoals,  and  the  whole  crew,  officers 
and  men,  peri&hed  in  one  indiscriminate 
wreck. 

Gentlemen,  before  you  proceed  to  consider 
tlic  proof,  it  is  necessary  that  you  should  un* 
derstand  with  accuracy  what  the  law  of  trea- 
son is  upon  which  you  are  to  judge,  I  mean 
tliat  branch  of  it  which  is  connect^  with  the 
present  business. 

[Here  his  lordship  gave  the  same  precise  state 
of  the  law  of  treason  that  he  had  done  in 
the  case  of  Watt,  to  which,  therefore,  it 
will  be  sufficient  to  refer.] 

Gentlemen,  it  does  not  seem  necessary  to 
trouble  you  faithcr  upon  the  argument  in  law, 
which  appears  to  me  to  be  sufficiently  clear, 
and  the  same  is  the  opinion  of  my  brother 

judges.  1  shall  only  put  this  farther  case  to 
you  by  way  of  illustration.  Let  me  suppose 
that  the  rebellion  in  1745  had  not  gone  the 
length  of  an  actual  rising  in  arms,  and  taking 
the  field ;  that  it  had  been  stopt  and  prevent- 
ed in  the  very  outset  ?  but  that  nevertheless 
the  persons  concerned  had  settled  their  plans 
of  operation ;  that  arms  had  been  commis- 
bioncd  from  France,  some  actually  provided, 
and  other  such  preliminary  measures  taken. 
In  such  circumstances,  it  could  not  have  been 
s;iid  that  (here  was  any  actual  levying  of  war, 
and,  therefore,  a  charge  of  high  treason  against 
any  of  the  parlies  concerned,  could  not  have 
been  laid  upon  that  branch  of  the  statute ; 
but  can  there  he  any  doubt  that  it  would  have 
been  a  punl  charge  upon  the  other  branch, 
the  circumstances  afore s^aid  being  alleged  as 
overt  acts  of  compassing  the  king's  deatn  ? 

(icntlemen,  submitting  these  observations 
to  you  in  point  of  law.  f  shall  endeavour  to 
be  short  in  st.<tin^  what  I  have  to  say  upon 
the  evidence,  wnich  ought,  in  a  great  mea- 
sure, to  be  left  to  v our  "own  consule ration,  as 
you  are  to  be  the  judges  of  it,  and  not  the 
Court. 

The  indictment  is  branched  ou;  into  a  va- 
rictx  of  ;ir; ides,  but  they  resolve  ^abstantiaUy 

j  into  A  \CT\  tfw. 

I       ist.  That  the  prisc-ncr.  a: org  with  others, 

'■  ro-.'isiiUe*'.  .\r.i  conspired  to  yr..K-urc  a  meeting 

I  ii-  V»f  hiiii  ;:ni^fr  iltC  r.Airje  c-f  a   ccuvention, 

t^-r  the  p;i:j«».s^  . ;'  ii>;:ri-.ac  the  powers  of  go- 

viTnmrrit  ^hz   .t:iis!.ii;.'n.  Tcv.;css;ng  alleged 

v::ifvan*xs.i.r-»;  ;-::r»^i;-|:  jxtv-i::  rtriaiachan^K. 

•;ndl},  Triat  -..hf/ diu  afiu-ux   meet,  cao- 

.  suit,  and  a^Tw,  ibout  Ci^r.  pc-ling  the  king  by 
force  of  arms  to  alter  ir*c  measures  cigortTo^ 

'  mmv,  to  intnoducr  nem  lair»,  and  to  conqAy 
mith  ccrtiia  <krmindt> 


fm  High  Treason. 

3n1I  asulted  and  conspired 

out  fe< ^  Jeof  Edifi  burgh  J  al  lack- 

and  surprising  the  ktng*s  forces,  aod  lak- 
'  possession  of  certain  public  offices,  and 
(IS  10  authority. 

it  they  instigated  and  excited  a 
MS  to  assist  in  their  measures, 
Lirley  to  go  about  as  an  emis- 
^fv  '..,  13  of  the' country,  to  coIJect 

m  Qs;  and  that,  in  prosecution 

^r  •  s,  they   caused   pikes, 

iji  like  instnmients,  to  be 

C^:  tiiero  farcibly  to  resist  the 
•  rninent. 
V*  .s-  .v.^^.^  iw  the  1st,  vi^.  the  project  of  a 
coorentkn,  I  am  umvillin^  to  go  back  lo  the 
proccedmg^ '^'ftlit'  «  onvcntiou,  actually  held 
la  Edmbtjr^  i  he  British  Convention, 

K^hicb  *»^aa  <i  u  December,  17  93  ;  be- 

csia^  it  *cci  been  the  understand* 

ofhbtii  ivocalc,  wlieii  the  pri- 

waa  adduced  ah  a  witness  in  some  of  the 
fQf  sedition,  ^^hich  ensued  upon  that 
^  that  he  himself  should  not  be  tried 
t}img  then  done.  But,  it  is  by  no 
foreign  to  the  purpose,  that  the  na- 
the^  proceedings  should  be  ua- 
m  order,  that  it  may  appear, 
iCT  llie  prisoner,  notwithstanding  his 
released  from  all  accusation  as  to  what 
i«  in  that  convention,  did  immediately 
rda  proceed  in  adopting  similar  niea- 
sotl,  in  conjunction  wuh  others,  his 
ibrming  the  plan  of  a  new  general 
eoiifvaillofi  for  the  like  purposes,  although 
Ibey  acquiesced  in  the  legality  of  what  the 
•iirfHraitd  the  magistrate*^  of  Edinburgh  had 
m  dispersing  the  former,  as  they  took 
ep  lo  counteract  it  by  application  to  a 
tii  Uw.  Instead  of  openly  coni plaining 
itionof  tho^e  magistrates,  which 
L  :'y  might  have  done,  had  their  own 

|rccecaii)rB  been  legal^  we  lind  them  mecling 
agaia  liia  eiandestine  manner,and  instituting 
Committees  of  Union,  and  of  Ways  and 
in  the  view  of  sending  delegates  to  a 
Inieiuled  convention  to  be  held  m  some 
even  spoke  out  by  themselves.  It 
Uiat  they  appointed  Fairley  as  an 
couafafy .  for  tlie  purpose  of  collecting  money 
la  be  Mged  in  the  hand>j  of  this  prisoner, 
«lu»  art*  their  treasurer,  and  a  zealous  mem- 
har  »f  hpfttii  the  comn^itrre*  already  mention* 


A.  0.  l?<>k 


[ir>o 


^f 


III  lit-' 
10  til 

ucfalliavv.. 
Umat  uUf  cbarg'  i  i 

Ciedb?  the  tomut 
ce»  wludi  w€fO  r< 
h|  alcadjf  preMnt«:«J 


of  these  contrihu- 
I  i-nse  of  sendinaMJe- 
l  ucwconvention.   This 
-are  lo,  both  by  MCub- 

and  other  heads  under 

K'  libf  rtv  of  classing  the 
.11  1  Mils  prisoner;  it  is 

.; : .  '    i   :  I II-  r  UTittfii  evi- 
lly V- 

iLient 


it  was  b\  no  menus  the  in- 
of  theae    aocieties  to  proceed  anj 
In  tMl  wajr;  tut  it  was  their  deiermi* 


ned  plan,  by  means  of  a  genera!  convention 
and  by  other  violent  methods,  to  carry  Ihtil 
measures  into  execution;  and  vou  wiitcon^iJ 
dcr,  whether  there  are  not  su&cient  cirruiu 
stances  to  show,  that  the  prisoner,  as  an 
tive  member,  and  treasurer  of  the  Secrt^t  Con 
mitlecs  at  Edinburgh,  \\*as  a  principal  part; 
to  all  those  wicked  designs,  by  which  th 
king*s  government  was  to  be  ovcrturnedl 
One  material  circumstance  is,  the  plan  or  pro 
ject  which  is  said  lo  have  been  furmea  b^ 
Wall,  and  communicated  by  hira  lu  this  pr 
soner,  and  other  members  of  the  Cotnmitlei 
of  Ways  and  Means,  of  seizing  upon  the  Caft 
lie  of  Edinburgh,  and  the  judges,  ^c.  With 
regard  lo  this,  it  appears,  upon  the  evidenc 
of  no  less  than  three  different  witnesses,  thai 
a  paper,  containing  such  a  plan,  was  read  aV 
a  meeting  of  that  committee,  where  the  pri« 
soncr  was  present ;  it  was  read  by  Watt,  and 
dissented  lo  by  tw^o  of  those  present,  M'E wan 
and  Bon  throne,  but  not  by  the  prisoner.  You 
are  to  consider  what  weight  is  to  l>e  laid  upon 
the  circumstances  of  the  prisoner's  silence, 
and  neither  approving  of  the  measure  propos- 
ed, nor  disapproving  of  it,  by  words  or  sig;nc 
of  any  kind.  You  will  no  doubt  also  keep  ill 
view,  that  there  is  no  direct  evidence  ot  his*^ 
having  had  any  previous  knowledge  of  this 
paper ;  and  M^Ewansays,  **  He  does  not  know 
that  the  subject  of  this  paper  was  cither  spoka' 
of  again  at  that  mecling,  or  ut  any  subsi>-* 
queni  meeting ;  that  the  plan  seemed  to  he 
entirely  W^alt  s,  who  altered  lomethin^  in  it/' 
Bonthrone  also  sayn,  he  did  not  consider  the 
proposal  as  made  to  the  Committee,  but  en- 
tirely as  a  *'phren/y"  of  Wall's.  At  the 
same  time,  it  is  proved,  thai  the  prisoner  did 
not  signify  either  surprise  or  dissent,  though 
M*Ewan  and  Bonthrone  did  so,  and  uflcr- 
wards  absented  themselves,  as  they  told  you, 
from  those  meetings  ; — the  prisoner  did  not 
act  in  that  munncr,  but  continued  an  active 
member  of  the  committees,  along  with  Wall* 
Gentlemen,  there  is  another  circuinstant^c 
which  connects,  in  some  degree,  with  tlial 
which  has  been  just  spoken  to,  and  has  a 
very  strong  and  slrikmg  appearance  ;"the 
purpose  of  seizing  upon  the  (asile  of  Edin- 
burgh, surround iiig  ihc  soldiers,  and  taking 
prisoners  ilie  diflerent  persons  in  hi^h  public 
characters  in  ihiacily ;  and  seizing  the  public 
Bank,  and  Excise  omce,  could  not  possibly  be 
carried  into  execution,  without  pulling  arms 
into  the  hands  of  those  who  were  lo  be  em- 
ployed ;  so  that  arms  were  i  lobe 
provided;  and  it  is  clearly  i  it  the 
prisoner  waa  tujually  conct'ni«<i  \mui  >V  all,  in 
apply mg  to  Urruck  ihe  hinilh,  and  oibt'r9, 
and  givmg  dirctnons  aboul  making  the  wea- 
pons now  lying  on  the  table.  Orrock's  evi- 
dence was  very  strong  upon  this  head,  and 
one  of  the  instrumcnU  wm  actually  found  in 
his  (Dowoie's)  possession,  bv  Margaret 
Whitccross,  the  servant  maidL  How  it  came 
into  his  liands,  does  not  appear.  Of  thiM,  you^ 
must  form  your  own  conjectures.    He 


wmmL 


191J 


3i  GEORGE  III. 


Trial  of  David  Dotonie 


[199 


been  late  out  the  night  preceding,  and  it  was 
found  early  the  next  morning  by  the  maid-SGr* 
vant  in  his  dining  roum  ;  and  almost  itnme- 
diatcly  after,  it  was  taken  away  and  kept  out 
of  view.  Suiuetliing  was  afterwards  said  by 
Mrs.  Downie,  in  the  presence  of  the  servant- 
nuiid,  i^Miut  finding  this  instrument  in  the 
dining-room.  iSho  said  to  the  prisoner,  what 
have  you  done  with  the  large  dtvidint^-knit'e 
or  carving-knife,  which  Charles  found  h)  the 
dining  room  ?  or  something  to  that  purpose ; 
upon  which  the  prisoner  said,  he  had  locked 
it  up.  'ihis  circumstance  appears  unfavoiir- 
:ible  to  the  prisoner ;  althotigh  it  is  a  possfiblc 
case,  that  the  instrument  may  have  been  left 
in  the  room,  not  by  the  prisoner,  but  without 
his  knowledge  by  his  son,  who  appears,  from 
the  servant-maid's  evidence,  to  have  risen 
out  of  bis  bed  at  an  early  hour  in  the  morn- 
ing, and  taken  it  away,  when  he  heard  her  in 
the  room. 

Another  circumstance^  which  seems  pretty 
clearly  brought  home  to  this  prisoner  is,  his 
accession  to  the  inHanimatory  address  intend- 
ed for  the  fencibic  soldiers,  and  to  the  use 
made  of  it  at  Dalkeith,  as  sworn  to  by  several 
witnesses.  The  efloct  of  this  I  submit  en> 
tirely  to  yourselves,  being  doubtful  whether 
Qoy  weight  ought  to  be  given  to  it,  as  not  be* 
iug  specifically  stated  ni  the  indictment ; 
tliougn  tlicre  arc  genenil  wunls  in  some  of 
the  articles,  under  v/hich  tho  counsel  for  his 
majesty  endeavoured  to  bhow,  that  any  at- 
tempt to  excite  rebellion  or  insurrection  in 
the  country  mi^ht  be  introduced. 

Witli  these  observations,  I  shall  leave  the 
case  in  your  hands.  If,  upon  due  considera- 
tion of  tne  whole,  you  shall  be  of  opinion,  that 
the  prisoner,  and  those  with  whom  he  asso- 
ciated, had  no  bad  design  against  the  king  or 
^vernment  of  this  country;  that  they  are 
unjustly  accused  of  something  they  liad  no 
idea  of  themselves ;  in  short,  that  the  pri- 
soner is  an  innocent  man :  or,  if  nou  think  it  a 
doubtful  case,  your  leaning  oii<;ht  to  be  for 
innocence.  But  if,  on  the  other  hand,  from 
:iil  the  circumstances  that  have  been  brouj;ht 
in  evidence  before  you  (which  I  have  stated 
a^  well  as  I  could  do  at  this  late  hour),  you  are 
satisfied  tltat  there  is  sufficient  evidence  to 
briog  home  to  the  pri!>oner  any  of  the  overt 
acts  which  arc  necessary  in  point  of  law  to 
constitute  the  crime  of  hiu;h  treason ;  1  need 
scarcely  obscrx'e  to  geutleiuen  of  your  >itua- 
tion  and  character,^  Uiat  you  arc  bound,  by 
tlie  solemn  oath  wliich  you  have  taken^  and 
by  the  duty  which  you  owe  to  yourselves  and 
the  country,  to  pronounce  a  verdict  against 
the  prisoner,  wliatcver  the  consciiueuic  ni;iy 
be.  It  is  not  your  province  to  slww  cv)ni|nis- 
sion  or  nu^rcy.  If  any  such  idea  canariacat 
uU,  it  must  come  from  a  different  quarter.  It 
is  your  duty  to  find  the  truth,  and  nuthiuj:  but 
the  truth,  ami  this  I  have  no  doubt  will  be 
understood  by  you. 

The  jury  retired  for  about  half  an  luMir; 


when  they  retumcd,  they  were  called  over  by 
the  clerk  of  Arraigns,  and  each  answered  to 
bis  name. 

CUrk  of  Arraigns, — Gentlemen  of  the  Jurr 
are  you  agreed  in  your  verdict.  Who  stiail 
say  for  you  ? 

Jury. — Our  foreman. 

Clerk  of  Arraif^nn, — David  Downie,  hold 
up  your  hand  [which  he  diJj. — Gentlemen  of 
the  jury,  look  upon  the  prisoner.  How  say 
ye?  Is  the  prisoner  jjuilly  of  this  high  trea- 
son, whereof  he  stands  indicted ;  guilty  or  not 
Guilty. 

Foreman  of  the  Jury, — ^David  Downie  is 
Guilty. 

Clerk  of  Arraigns.  —  Gentlemen,  what 
goods  or  chattels,  lauds  or  tenements,  had  he 
at  the  time  the  high  treason  was  committed, 
or  at  any  time  since,  to  your  knowledge  ? 

Juri/. — None  to  our  knowledge. 

Clerk  if  Arraigns. — Then  hearken  to  your 
verdict,  as  the  Court  hath  recorded  it.  You 
say,  that  David  Downie  is  guilty  of  high  trea- 
son, whereof  he  stands  indicted  ;  but  that  lie 
had  no  goods  or  chattels,  lands  nor  tenements, 
at  the  time  of  the  high  treason  committed| 
or  at  any  time  since  to  your  knowledge. 

Jury. — I'pon  account  of  certain  circum- 
stances, we  desire  lo  recommend  the  prisoner 
to  mere  v. 

It  heinp;  past  four  oVlock  in  the  mominv^ 
on  Saturday,  Si'plruibcr  the  Gth,  the  Court  aa- 
journed  to  twelve  o'clock  on  the  same  day. 

Saturday  September  Gth. 

The  Court  met  this  day  at  twelve  o'clock, 
an;reeable  to  adjournment.  Tho  following 
iiidgcs  were  present;  lord  president,  lord  chief 
baron,  lord  Eskgrove,  baron  Norton,  lord 
Dunsinnan. 

The  prisoners  Rolicrt  Watt  and  David 
Downie  being  brought  to  the  bar, 

Mr.  JlaiiiiUim  *  counsel  for  Ilobert  Watt  said : 

My  Lord  President ;— In  the  situation  in 
whicli  i  am  placed  in  this  case,  I  feel  my- 
self called  upon  to  let  no  point  or  circuni. 
stance  whatever  escape,  which  I  conceive  can 
be  of  any  aid  or  benefit  to  the  prisoner,  and  to 
the  defence  of  his  life  with  whirti  I  have  been 
entrusted ; — I  therefore,  my  loni,  feel  it  to  be 
my  duly,  now  to  state  in  arre>t  of  judgment 
upon  ti:c  j^risoner  at  ifie  bar,  1st,  that  there  is 
an  absohitc  nullity  in  the  commission 
itsoif,  under  the  authority  of  which  this  Court 
has  acti^i ;  and.  2nd,  tlut  there  is  a  manifest 
in  formality  and  defective  btylc  in  the  iiidict- 
UKMit,  which  uui>t  nL-cessaVily  prevent  any 
jutlijMieut  heiiii;  logjlly  prouotuued  upon  il. 

I  pon  the  first  ut  these  plea>,  I  must  call 
tho  aiieniion  of  the  t'uurt.  to  the  act  uf  parlia- 
■  '  '    —~~  ■  ■ ' "  I"   ■ '  ■'" 

*  Thi*  was,  in  the  original  oviition  of  Dow- 
Die's  trial,  reported  wry  incorrectly:  Mr. 
iiamilton  has  tiimished  me  with  an  accurate 
account  of  his  speech,  of  which  I  have  hero 
availed  myself. 


Jiif  High  Treoiou. 

Itii  fd  Anne,  c,  ^l,  **  For  improving 
tb«  ilM^tt  of  the  iwo  kin^OottiV  by  which  it 
it  m^ms$g4f  **  th^i  b«c  maiesly  may  i^^im  out 
I  of  Oyer  %QQ  Terminer  in  Scot- 
,  10  Micti  iKCsons  a%  1 

MilBliiwkin  nf  Oy«|  and  Termin^r^  whereof 
ftt l#  1m  of  thi»  quorum/'  Aod  it  is  also 
|PiKd»  ^'lliat  Habere  any  such  commi&siou 
vfOjrfraiid  Tormuiflf,  aball  i^sue,  pursuautto 
(li^i^i  iM4(Jti  Ui  fui  eicculed  within  any  dis- 
Uid  where  there  is  n  ju.nicp  trrneral,  or  per- 
«D  liAynog  '  iiohadjuris- 

MiM  ID  t<^  .at  the  time 

iflpikJPig  Um&  <a£t,  ir^in  auU  afler  the  time 
liiiilich  fight  N  oiadc  appear  hefore  the 


Uu  less    I' I.'  '     ■  ■ 

lord  prcsJiJ'  .    . 

Mr.  baron  IN  urU'U,  luu: lit  r^ji^ 


[191 1 


rlilute  u  courU 


so  might  the  lord  meVidcni,  with  the  lord 
chief  baron  and  lord  Alva ;  and  in  like  maa«  | 
ner,  willi  lord  Alva,  and  Mr.  biiron  Norton* 
vet  n«'' 
the  t. 
then*  : 


^:!gh  all  in  ' 
Ky,     It  19 
Hstraled 

'•■^Ai  henq 
,  that  no  ^ 
1,  havci  ia 
n  is  not  j 
V.CII  place 


WtflTi 


m 


OfOfCr 

or  «uch  ' 


Ofi 


appear 

crtificdlolhclord 

;  au(  h  justice  ge- 

-     ii^ht  ol   [xiblU 

IfyWUieir  shall  be  in 

!l;  one  ol  the  quo* 
statute,  imf^ue;*- 
iim  a»  a  sine  qun 
II  Ice^l  court  tan 
tion  is  apph' 
iiy ;  three  of 
limc^,  ULcording  to  the  sta- 
\fK  itt  if»^nib^is  nf  the  courtfor 

liic  t4  1      But  what 

iHo  roy  *  present  in- 

Mitb</n;«  r  .MHi  VI. ur  lurd^hips  will 
4nVTlfil§ly  mMk,  wbclh<  r  that  commission 
hii  tneii  VRirii  in  thi^  lernis  auLhurizcd  by 
9>(fk!m  7th  of  queen  Anne.;  and  if 
,..v,.,t,....  1 1.  It  it  is  no  legal  com- 
lich    has     pasicd 

It   \^  arcoriTnii'Iv 

t   . 

ky  ttod  »«kn 

aiont  it  con 

I  sImH  danuu.itr.i  l  m.4u- 

Fur  bc:  ^  of  iiH- 

ly»  tli«  luiti  jii:itice  Llcrk,  lord 

jiji4    lord    Kskgrovc,  to  whom 

M  added; 

'  and  rc- 

tnt:  Ljuuumii  the 

>f  ^ssion  is  alt»o, 

'  •"  ^'*'  r  MO  of  the 

tsticiary 

.  ink,  the 

lie; 

as  one 

in  fjom 

mS't  an- 

i^nd  all 

•  it. 

ive 


•I'tbeq.mr 


VOL  XXIV* 


lii'vil/cil    hy    tin:  -  :     ';    1 

answer  to   Ihi' 
such  courts  as  i 
fact,  been  forrutd;    a^  L 
Jacti^  but  jurn^-WfA  to  v^  i 
but  to  whai  ive  taktu  pUc€  according 

to  the  ten  c  commission.    But  it  is 

j^ufhcient  to  make  out,  that  this  commission 
has  overleaped  the  enaUmeut  of  queen  Anne, 
by  force  of  which  alone^  it  could  exist  at  all ; 
«nd  it  is  on  thai  account  unauthorized  and 
illej5al,and  •  ^  ..i -  -.  --  which  Live  followed 
under  it,  r  ,  or  receive  effert. 

Your  Ili  , r  .adily  consider,  that 

the  strictest  interpretation  is  always  moi-t 
justly  given  to  statutes  which  contain  any 
enactments  relative  to  criminal  justice  ;  this 
rule  is  fixed  in  fuvorem  vUue^  and  admits  of 
no  exception  or  deviation;  and  upon  that  prior 
ciple^  the  same  strictness  of  mterpretatioa 
must  be  given  to  the  statute  of  queen  Anne^ 
which  introduced  and  estuLUshed  the  court 
before  whom  an  ofTence  of  this  high  criminal 
nature  can  be  brougltt  to  trial.  It  i^  not 
indeed  necessary  to  ar^ue  for  a  Iia)ited  and 
narrow  construction  ;  Jur  there  cannot,  I  sub- 
mit, be  a  doubty  that  a  commisBion  has  beea 
iasuedi  not  in  term*  of  the  statute,  hut  whicli 
<  ifHii>i  in  iIlc  sinallest  pari'f  iili*r  l>t  ih-st^nii-d 
ilie  conuii 

I J  prescribi  - 

ly  ;  and  uo  jud^uient  m  the  prisbt^ol  Wr 
e.  can  be  pronounced. 

J  iiough  I  do,  my  Jord,  rely,  with  much  ccmv 
fidence,  upon  what  I  have  just  now  stated,  it 
is  proper,  at  the  »ame  time,  to  call  your  atten- 
tion to  the  second  ground  of  objection,  tipon 
which  I  contend  ihat  no  jucL  '  imst 
the  prisoner  at  the  bar  can  be  \  1. 

Y^our  lordships  are  fully  aw  air,  uj.il  ui  all 
indictments  or  charges  of  a  criminal  nature, 
certain  technical  wordii  and  phr4Ses  aic  unt* 
formly  required.    This  is  a  rule  in  our  ow» 

fjfocedure;  and  according  to  the  law  of  Eng* 
and,  on  which  we  are  now  pioceeding,  pecu- 
har  nicely  is,  1  find,  otscrveu.  1  hiivr  Inokr  I 
into  some  of  the  law  books  and  i<: 
and  I  have  found  that  in  any  indicii 
felony,  whether  for  Urcc.uy  or  murder,  tiiou^U 
the  preci-^c  di^y  is  Jniated  upon  which  tilt 
malii ;  "  V   ^^ril^ 

the  a_  >ary 

:      '  '    ■  iHJ  ComjiHJUUU  nl    t,.  ■' 

I  indiccited  and  was  ] 

ih  as  to  iv^^'"     •"'    • 
cd    inmii 
-..,..,  ^..J  the  fact,  I...   J      . 
O 


195] 


34  GEORGE  UI. 


Trial  of  David  Dofunie 


[196 


In  the  caic accordingly  of  an  iadlctrocnt  for 
munier,  wf herein  a  precise  day  was  affixed  to 
fbe  cc^Dceived  malice^  it  would^  notwithstand- 
ing, as  I  understand,  be  defective,  unless  the 
place  where,  and  the  time  of  giving  the  fatal 
stroke,  were  connected  with  the  time  of  form- 
ing the  design  to  kill.  The  words  of  style 
adopted  to  make  out  and  announce  that  con- 
nexion^  formerly  were  adtunc  et  iUdem ;  and 
since  the  statutes  4th  Geo.  ^nd,c,  «6,  and  dth 
Geo.  Sod;  c.  lA^thtn  and  t^ercare  theiecbni- 
cal  expressions  in  observance* 

In  support  of  these  positions  I  must  refer 
your  lordships  to  lord  chief  justice  Haie,  who 
in  the  Pleas  of  the  Crown,  part  2,  c.  25, 
•*  Concerning  the  form  of  Indictments,"  p, 
178, — observes  that  **  In  an  indictment  of 
felony,  there  must  be  adtunc  £t  ibidem  to  the 
stroke  or  to  the  robbery, and  the  day  and  place 
of  the  assault  is  not  sufficient,  and  this  in  fa- 
vor cm  vittt.  And  therefore  it  is  usual  to  repeat 
the  Qdtunc  ci  ibidem  to  the  several  parts  of 
the  fact,  as  in  larceny  or  robbery  from  the 
person/*  and  he  then  states  various  examples 
— thus :  "  A  is  indicted  ^uodprimo  die  Maii, 
Anno  2ndo  EliirfOpud  C,  habent  in  manH  m& 
dejtrd  gladtuw^  S^c,  percustit  B.,  and  it  is  not 
said  adtunc  tt  ibidem  percustit,  quashed,  be- 
cause the  day  and  year  and  place,  relate  to 
the  having  of  the  sword,  not  to  the  stroke.** 
Serjeant  Hawkins,  book  2,  c.  95,  of  Indict- 
ment^ and  in  regard  lo  specifying  lime  and 
placCf  gives  an  opinion  to  the  same  import, 
as  to  iSe  necessity  of  the  terms  adtunc  H  ibi- 
dem being  repeated  in  the  subsequent  clauses 
of  an  iudidmf  nt ;  and  it  is  observed^  that 
*  If  omitted,  judgment  may  be  arrested — 
Strange  901,"  This  rule  has,  so  far  as  I  can 
learn ^  been  uniformly  followed  and  observed 
in  practice.  In  the  indictment  against  Ha- 
milton, governor  of  Carlisle,  in  the  year  1746, 
which  appears  to  have  been  the  precedent, 
and  was  the  rule  upon  which  all  the  indict- 
ments in  the  trials  at  that  unhappy  period 
were  framed,  and  which  is  given  at  length  by 
air  Michael  Foster  in  his  Report,  p.  5,  6,  it 
will  be  found,  that  after  specifying  the  precise 
place  and  date  to  the  main  charge  of  the  trea- 
son, the  aggravating  circumstances,  and  va. 
rious  overt  acts,  are  carcixilly  connected  with 
the  icclmical  words  of  reference  then  and 
there^  which  are  accordingly  cautiously   re- 

fieated  in  relation  to  all  the  acts  charged. 
Reads  that  indictment  from  Foster] »  And 
this  rule  was  confirmed  in  the  case  of  Rhen* 
wick  Williams,  tried  on  8th  July,  1790,  re- 
jKjrlcd  by  Mr.  Leach,  case  236,  where  the 
tmiission  to  connect  the  acts  charged  by  the 
copulatives  then  and  there  was  fatal  to  the 
indictment. 

Now  upon  looking  into  the  indictment  in 
the  present  ca^<»,  it  certainly  does  not  appfsr 
ttiat  the  I  in  1746»  quoted  from  Fo!u 

tcr,  has  wed.    It  has,  on  the  ceo - 

tnisybeii  departed  fii>ni,  inaftniueh 

I    the    I  ;    words    then   4tu/  ihete, 

ttrv  not  ff^»4  Lrr^iiiuiug  to  Old  to  be  found  m 


it,— The  rule  of  style  in  an  indicttnent  for 
murder  b  equally  applicable  to  a  ca§e  of 
treason.  The  compassing  and  imagining  the 
death  of  the  kin^,  and  the  traitorous  desiea 
to  do  so,  is  the  crime  charged  :  and  in  order 
to  make  the  indictment  complete,  the  overt 
act  or  acts  specified,  should  have  been  con« 
nected  by  a  (^i  and  f  Aere,  with  the  period 
at  which  the  evil  imagination,  manifested  bj 
such  acts,  was  conceived. — This  has  not  beca 
done,  so  that  the  indictment  is  rendered,  I 
conceive,  defective.  And  at  all  events  the 
precetlent  in  1746,  which  has  always  been  re- 
garded as  the  fixed  leg^d  style  of  an  indict- 
menl  for  criminal  charges  of  this  descriptioo^ 
has  been  lost  sight  of  and  disregarded.  And 
upon  these  grounds,  accordingly,  I  move  your 
lordships,  tnat  no  judgment  upon  the  pri- 
soner can  in  the  present  instance  be  legally 
pronounced. 

Mr,  Ji'hn  Clerks  counsel  for  Mr.  Doviue^ 
stated,  that  though,  in  point  of  law,  the  ob- 
jections urged  by  Mr.  Hamiilon,  would,  if  au»- 
tained,  be  equally  available  to  his  client;  yet 
he  did  not  mean  to  insist  upon  them.  He 
had  been  recommended  to  mercy  by  a  most 
respectable  jury  of  his  countrymen,  and  huin- 
bly  threw  himself  upon  his  majesty^s  cle^^ 
mency. 

Mr.  Anstruthcr  in  answer  to  the  second  of 
Mr.  Hamilton's  objections,  stated  that  it  was 
undoubtedly  necessary,  when  the  lime  and 
place  was  specially  condescended  upon  only 
m  the  first  count  of  the  indictment,  tore- 
peat  the  words  then  and  there  at  the  other 
counts  :  but  that,  in  this  case,  the  time  and 
place  were  especially  condescended  upon  at 
every  separate  count  m  the  indictment. 

In  answer  to  the  other  point  arsjued  by  Mr* 
Hamilton,  Mr  Anstntther  statcci,  that  the 
meaain^  of  the  legislature,  in  dcclurmg^  that 
tliree  o?  the  lords  of  justiciary  should  l)c  in 
the  commission,  and  one  of  the  quorum,  wa», 
that  the  common  people  of  this  country 
might  not  think  that  they  were  tu  be  tried 
entirely  by  strangers,  but  that  some  persons 
acquainted  with  tne  laws  of  their  own  country 
should  be  among  their  judges.  He  contended 
the  act  of  parliament  had  been  completely 
cumpHed  with  in  the  present  ca»e.  The  iocd 
justice  general,  and  lord  justice  Clerk,  lo> 
gcthcr  with  the  whole  judges  of  ju^ti* ' 
were  in  the  commission;  and  the  lord  ju 
general,  lord  justice  Clerk,  and  two  of 
commissioners  of  iustkiury,  were  declared, 
along  with  the  lord  president  of  tin-  •  nurt  of 
session,  to  be  of  the  qtiorum.     M  Ijcpc 

contended,  that  it  wa»  not  the  m^  liic. 

statute  that  none  but  the  lord  ju 
lord  justice  Clerk,  and  lords  con 
justiciary,  should  l#e  a  qtiorum,  bui  that 
of  them  should  be  of  th«?  quorum,  alon^ 
such  0?! 
point 


tff, 


had  br 
that  noiii 


lyesty  Chhomd  t 
(j«,al  least,  of  the 

an 


n/7]  J^  Higk  Treason. 

wbicliirayU  ftutborize  any  objectioii  upon  the 


A.  D.  1794. 


[198 


The  Courl  unnnimotssly  repelled  both  ob- 


AUCTXHnt  steps  of  form,  prockmation  ^iis 

id«  hy  iht)  cryefp  aoa  (silence  being  or- 

Mr-  KJmpp  cie^ircd  Uobert  Watt  to 

lip  tic§  hand  ;  upoti  which  he  read  to  him 

tkw  n>  ■  1  lor  which  be  was  tried, 

d — ^  charges  you  plead  Not 

ami  c^^i  vuurbelf  upon  God  and  your 

^  ;  that  country  has  found  you  Guilly. — 

you  any  reason  to  assign  why  the  sen- 

of  the  Idw,  which  is  Death,  ahould  not 

m  he  recited  to  David  Downie. 
remained  silent. 


'ill* 


I  Zord  Pretident  then  addressed  the  pri- 
» at  IbUowa : — 

trt  Watt*  David  Downie;— That  pari 
duty  which  remains  to  be  perfonned 
1^  tltta  €3oiirt,  is  a  most  dislressing  one,  but 
tllielcs»t  You  had  Uie  mtsfor- 

Mlo  be  '»  that  bar,  under  the 

r^Mirge  vi  iir;;u  trea&on;  and  after  the 
iooMiry,  and  most  fair  and  impartial 
P  jott  Cttire  each  of  you  been  convicted, 
r  Qiouanious  voice  of  most  respectable 
inaa  of  jour  country^  as  guilty  of  that  alro- 
loiis  crime. 

Tile  cvkleDGe  on  which  the  verdicts  pro- 
mM_  waft  such  as  left  no  room  for  doubt  or 
j;  and  the  pubhc  roust  be  completely 
ih*t  the  consequence  was  unavoid* 

I  /oor  designs  been  carried  into  ejiecti' 
Ibo,  bjr  so  a<^lual  insurrection  of  those  de- 
hM  fitefV  whose  leaders  you  appear  in  a 
omsi  me^afor^  to  have  lieen,  although  in  the 
j^n  miat  have  failed,  yei^  in  tne  mean 
ft  Kcne  of  unutterable  distress^ 
.  _  _  J  and  bloodshed  must  have  ensued, 
Ait  Ihe  Wry  idea  of  it  is  horrible. 
ftftrfalftiicf^  to  an  cstiiblished  government 
only  be  justified  by  the  pica  of  absolute 
todiapeniable  necessity.  iVnd  this  can 
«aisl  without  the  most  unequivocal 
of  il :  and  the  most  general  concur- 
lli*-  sres  which  become  ne* 

«/  this  country  at 

n  in  1688  ;  but  no 

n J 11  If- 1  degree  of  truth  or 

I'  tut  such  necessity  occurs  at 

if  K.t  ''    •iitti  ihcre  has  been  less 

1  o#c>  1  it  any  period  since  this 

ftmi  ^s,  ^-A.^.tucc.     No  material  cir- 

haa  happened  in  the  present  reign, 

iticki^  h:ivr   pivcn  occasion   for  any 

,    it  is  to  be  imputed 

'  ''  ?i;!n!iof  bad  and  des- 

Eoe4i  ,  that  such  daring 

la  h-  made  here,  and 

Mims^to 

of  the 

liut  li  ts  iu  be  Uo{>t^U^  liiAi  the  vi- 


gilance of  the  executive  govemracnl,  and  the 
strong  arm  of  the  law,  will  be  sufficient  for 
our  protection ;  and  I  also  hope  and  trust,  that 
what  has  now  befallen  you^  will  be  such  an 
admonition  to  others,  that  there  will  be  itttla 
danger  of  such  execrable  plans  being  agaia 
thought  of,  for  a  lon^  period  to  come. 

You  have  yet  a  little  time  to  reflect  seriously 
tipon  your  past  conduct,  and  to  prepare  for 
that  awful  change  which  is  soon  to  follow. 
Let  me  esthort  you  to  make  the  best  use  of 
your  time,  and  to  apply  for  assistance  to 
those  who  can  assist  you  in  such  important 
meditations* 

It  only  remains  to  pronounce  the  sentence 
of  the  law,  which  is  in  these  words  t^ — 

SENTTKCEt 

The  Court  doth  adjudge,  that  you,  and  each 
of  you,  be  drawn  upon  a  hurdle  to  the  place 
of  execution  ;  that  you  be  there  hanged  by 
the  neck,  but  not  until  you  are  dead;  and 
that  being  alive,  you,  and  each  of  you,  i>e  cut 
down^  and  your  bowels  taken  out,  and  burnt 
before  your  face.  That  each  of  your  heads 
be  severed  from  your  bodies ;  and  your  bo- 
dies divided  into  four  parts;  and  that  your 
heads  and  quarters  be  disposed  of  a%  the  king 
shall  think  titi  and  so  the  Lord  have  mercy 
upon  your  souls ! 

This  is  the  sentence  of  the  law;  and  I  give 
farther  notice  to  you,  and  to  each  of  you,  that 
tins  sentence  will  be  carried  bto  execulion, 
upon  Wednesday  the  15th  of  October  next, 
between  the  hours  of  twelve  at  noon,  and 
four  in  the  afternoon,  in  terms  of  a  precept 
to  that  effect,  which  will  be  delivered  to  the 
sheriff;  this  notice  1  give  you  by  order  of  the 
Court 

They  received  the  dreadful  sentence  with 
much  firmness  and  composure,  and  were  im- 
mediately conducted  to  the  CasUe* 


The  following  account  of  the  execution  of 
Robert  Watt  is  taken  from  the  New  Aonual 
licgislerfor  the  year  1794; — 

"  Edinburgh,  October  10.  —  Yesterday, 
about  half' past  one  o'clock,  the  two  junior 
magistrates,  with  white  rods  in  their  hands, 
white  gloves,  &c,,  the  Uev.  Pdncipal  B^ird^ 
and  a  number  of  constables,  uttended  by  the 
town  officers,  and  the  city  guiird  hiiing  the 
streets,  walked  in  procession  iroro  the  council 
chamber  to  the  east  end  of  the  C:i«;tle*hill, 
when  a  message  was  sent  to  the  i^hcfitf  m  the 
Castle,  that  they  were  there  waiting  to  re- 
ceive the  prisoner,  Robert  Wait,  lie  was 
immediately  placed  in  a  hurdle,  with  his  back 
to  the  horse,  and  Ihe  executioner,  with  a  , 
large  axe  in  his  hiind,  took  his  scut  opposite 
to  him  at  the  furihcr  cud  of  the  hurdle. 

**  The  procession  then  set  out  from  the 
Castle,  the  sheriffs  wsilking  in  front,  with 
white  rods  in  their  hands,  white  gloves,  &c* ; 
a  number  of  country  constables  surrounding 
the  hurdle^  and  the  military  keeping  off  tiie 


109] 


35  GEORGE  III. 


TritU  of  Tkmat  Hardy 


CSOO 


crowd.  In  this  in!iiin«?r  they  prt?c^edpd  fill 
they  joined  ihe  mag^istraic^,  when  the  mili- 
tary returned  to  the  Cai4]e,  and  then  the 
procession  was  conducted  iti  ibe  follovviiig 
order:— The  city  con^ubles;  town  oflicers 
barc'hciided ;  baiiic  Lothian^  and  bailie  Dal- 
rymnle;  Uev.  PrinrtpJ  Buird;  Mr.  Sheriff 
ClctK,  and  Mr.  Sherlfi  Davidson  ;  a  number 
of  country  constables;  the  hurdle  paintetl 
LlfickT  nnd  dnwn  bvm  ip^hite  horse;  a  num* 
her  ^  ties.     The  citv  giianl, 

linr  olF  the  crowcf. 

*•  V^  inn  iHr  V  ij.tuM:;(rliCd  IhO TOlboOlh  doOf, 

the  prisoner  Wiis  t^iken  from  the  hurdle,  and 
conflicted  into  the  prison,  where  u  conside- 
rable time  was  spmit  ia  drvotional  enerci^iea- 
The  prisoner  ilicn  came  out  upon  the  plat- 
form, attci»ded  Ly  the  magistrates,  the  she* 
rilBi  Principal  Bkird|  &c.    Some  time  was 


tli«fi  speiit  in  prayer  and  singing  psidms; 
after  which  the  prisoner  mountcctlie  drop- 
board,  and  was  taunched  into  oteriii^. 

**  VMicii  the  body  was  taken  down^it  wia 
stretched  upon  a  table,  and  the  ejecuttaner^ 
with  two  hlows  of  the  axe,  severed  off  th» 
head^  which  was  received  into  a  basket,  umI 
thMi  held  up  to  the  multitude«  while  thu 
eittcuiioner  called  aloud  '  Thi$  \$  tfm  head  ^'^ 
»  Ira /ft»r»  iand  to  perith  &il  tmitan,*** — New 
Ann,  Keg ,  17«H,  n.  58.  That  pan  of  ih# 
sentence  which  relates  to  being  quaitovd, 
^c.  had  been  previously  remitted. 


David  DowBie,  in  consequence  of  the  re- 

commendation  of  tbejurv  by  whom  lie  waa 
tried*  received  his  Majesty^s  Pardon. 


604.  The  Trial  of  Tbomas  Hardy  for  High  Treason,  before  the 
Court  holden  under  a  Special  Commission  of  Oyer  and 
Terminer,  at  the  Sessions  House  in  the  Old  Bailey,  on  the 
28lh,  29th,  30tb,  and  3lst  days  of  October,  and  the  1st,  3d, 
4th,  and  5th  days  of  November:  35  Geobge  HI.  i.  p*- 
1794.* 


On  ihe  tenth  day  of  September^  1194,  a 
eial  cummi^^ion  of  Oyer  and  Terminer 
issued  under  the  Great  Seal  of  Great 
Britain  to  inquire  of  certain  high  treasons  ami 
misprisions  of  treason  within  the  county  of 
]VIiddkiM^a. 

On  Thursday,  the  second  of  October,  the 
f^peciut  conuni^sion  was  opened  at  the  8cssion 
house  in  Clerkenwcll : 


the  rizht  honourable  sir  James 

'    '*  -^     f    u?,ticeof  hi^  :     -    "  V> 
the  right  ' 

..^.J,  knt.  lunl  cL.i .  i.^i.>ti 
trt  of  Exchequer;  the  ho- 

'  I'ltnl    Hnlli:ini    knt.  nnf  of 


Present,- 
IljTe.  kii^ 
court  of  I 
tir  A^-»' 
of  1 
iron: 
the  barons  ot 

quer:  the  her.  .      i 

<jne  of  the  justiccj*  ol  ins  nmjtUy's  court  of 
c:cinmt>n  picas;    the  honourable  sir  N:uh 
Grose,  kni,  one  of  the  justices  of  hi 
foint  of  King's4)cnch;    the  liom 
^  ftl*'  '  lice,  knt  one  of  the  jii^liccs  uf 

I  court  of    KmgVbt'uch;    and 

BCr>  ui'^  m.t^  ■    '   '  \'c. 

After  the  ♦  !  been  read.  \hv 

tkhcrifl'  dchvrriia  m  ihe  panel  or  ' 
jury,  whirh  WYis  culled  ovrr,  when  i 
iiig  '  1  were  sworn  i— 


ULi  a  111  3hort4iaad  by  JtmfkQmn^'. 


THE   CfeANB  JUUT 

BcnJ.  Win  til  ropy  esq.    Samuel  Hawklni^ 
J.  U.  Schneider,  esq.     ~ 
Edw,  Iron  Slide,  esq. 


M 


Benj.  Kenton,  esq 
IL  IL  Boddam,  esq* 
John  Ari^,  esq. 
VVm.  P.  A!lct,esq. 
John  Perrv.  esq. 
TL  P.  Kuif,  esq. 
Thos.  Winslow,  esq, 
Thomas  Cole,  esq. 

Lord  Chief  Justice 
the    Grand  Inqnesl ;  - 
under  the  authority  of  t 
which  hu^  l)ccn  issued  i 


uuthurUy  ut 
That  whi* 


vr. 

confusion^  \^ 

rr:inrpi*'  .1  r 


George  Ward,  taq 
Thomas  Boddam,  esq. 
Jos,  Lancaster,  cmj, 
Robt.  Wilkinson,  esq, 
G.G.  Mills  esq. 
Henry  Wright,  esq. 
John  Ilatchott,  esq. 
R,  Stevenson,  esq. 
John  Campbell,  e&<|. 

Evrr*— Gentlemen  of 

de- 
u^tt£oo,  and 

c  p^rauni 


i\Tn 


pt 
dom.'^ 


oecasbn  far    Hill 

*  ^'V^a  )at6 

tnd  df^ 

in 

ID 

hh 
'J- 


«oil 


Jkr  High  Tnamn. 


A.  D*  1794. 


[202 


thn  firtt  ii\A  d!M(«e  step  in  tKis,  as  m 
Ofdituy'i  !nminal  proceedings,  ift,  thai  • 
^houid  Dtake  jviiblic 
on  !  Uould  diligeDtly  in- 

B^lliicovEr,  and  briug  forwiirti  lo  the  view 
Ibft  ertiniiiiii    majri^-^ritf*^  thii:>e    otfence?* 


I  to  lkr*f  iind  to  d^ 


['ecial  comnaia- 


;M 


I L  lord  the 

ndictment 

n;L  iiir  II tie  nature 

Mjd.   The  king  com- 

»^H  inqmry;    but 

t]  :■  vn  alt  its  other 

^,  J  -Lilies  ultimately 

I  le.    It  is  the  king's 

iioate  his  peace,  nis 

feii  becau5e  his  peace,  his 

ir.  '  .  are  the  subjecls'  prolec- 

^ir  ind  their  ham>ines9. 

l!ti  th#^m  thiit  tlie  laws  have 

B!ir  I  round  the  per- 

I    1  ,  and  that  all 

la^air^  '  i  rare  con- 

%B  Uie  rh  can  be 

d,  aHfiai*   piuiiiiicu  wiLji  a  severity 

aoilimi^   but   the   mIus  popvH  am 

y  calls  upon  me  Tin 

tif  r  nnderstand  tnc 

t  ymi)  to  open 

e,  which  I  have 

enefiil, 

,95  Edward  Srd,  has  de- 

-  to  you  so 

-tion  asap- 

I  rubabk  relation  to 

^af  *  :    :    high  trea- 

«<  Lih  of  the 

>fti'*  II-  and  imagi- 

Ih:  ae   act  or  acts 

(I I  !  i  ive  been  done 

f-  rution  of  that 

.  ,   that  i%  from 
H  ked  imacinalion  of 

ri  ,  Tliri!  snv  ?>teps  are 

iftAy  itiatitief  ct>i!  '  the  bring- 

il  and  rAcctin^  U^  .  the  iutcn- 

the  crime,  aud  the  measure  of 


re  technically  deno- 

1  the  forms  of  pro- 

-^  that 

IV  set 


eii-   ovprl    art*   involve   them   in    two 

\^i  'n!>;    ist,  the  matter  of 

rnnni^t  ;     In    the   next 
p  design* 
■>f  facl»  it 
1  t#c  U,  ■  .■  into  the 

t  ftiste  V  tiUle  to 

r  to  your  coramtniugn  fespccUug  It :  and^ 


will  » tiie  question,  le  fact 

ha-  1  '  '  the  rJcizn,  *:<  >  titale 

an  overt  act  if  U 

involves  cons  1 1  ly, 

it  i"?  impossible  that  any  i:tf  Uin  niit  bhouid  be 
laid  down  for  your  governmetit ;  overt  acts 
being  in  their  nature  all  the  pos^^ibte  mean» 
whicli  may  be  used  in  the  prosecution  of  the 
end  proposed;  they  can  be  no  otherwise 
defined^  and  must  remain  for  ever  infinitely 
various. 

Thus  far,  T  can  inform  yout  that  occasions 
have  unhappily,  hut  too  frequently,  brought 
overt  acts  of  this  species  of  treason  under  con- 
sideration ;  in  const^cpieuce  of  which  we  are 
furnished  with  judicial  opinions  upou  man^ 
of  them  ?  aod  we  are  also  I'urnlshed  with  opi- 
nions (drawn  from  these  sources)  of  text 
writers— some  of  the  wisest  and  mo5t  enlijrht* 
encd  men  of  their  time,  whoso  1)  '  3 

been  always  cotisidered  as  the  u.  ii- 

nent  feature  of  their  character,  autl  whose 
doctrines  do  now  form  great  land- marks,  by 
which  posterity  will  be  enabled  to  trace,  wilfi 
a    great  dei^ee  of  certainty,  the    boundary 

lines btt" '-  *  '  -^-  '-^"  i-on,  sind  ufiences  of  « 

lower  or 

It  is  11  ...,....*«.;.  v..,v;imi?t:in-^'  •^'-'  we  are 
thus  assisted  ;   for  it  is  not  uibled 

thatj  though  the  crime  o!  -  _;  ^ion  is 
*'  the  greatest  crime  against  taith,  duty,  and 
human  society,''  and  though,  **  the  public  is 
deeply  interested  in  every  prosecution  of  Ihis 
kind  well  founded,''  there  hath  been,  in  the 
best  times,  a  considerable  degree  of  jealousy 
on  the  Subject  of  prosecutions  fur  hi^h  Irej^- 
son  ;  they  are  state  prosecutions,  and  the  con- 
sequences to  the  party  accused  are  penal  in 
the  extreme. 

Jurors  andjudg:cs  ought  to  feel  an  extraordi- 

na!7  anxiety  that  prosecutions  of  this  nature 

should    proceed  upon  solid  grounds.     I  can 

easily  r^-^rf  iv^    therefore,  that  it  must  be  a 

great  rr  rs  placed  in  the  responsible 

situation  ...J  I  YOU  now  stand  bound  to  do 

I  justice  to  I  heir  country  and  to  the  persona 

I  accused,  and  anxious  1u  discharge  this  trust 

!  faithhiHy  ;  sure  1  am  that  it  is  consolation  and 

comfort  to  us,  who  have  upon  us  the  rcspon- 

sibdity  of  declaring  what  the  law  is,   in  cases 

in  whirh  tiie  public  and  the  individual  are  §0 

dei  I  i  Hied;    to  have  such  men  as  the 

gr<  I  hew  Hale,  and  an  eminent  judge 

ofrur  owM  tmies,  wlio^  with  the  experience 

of  a  century  concurs  wiiti  him  in  opinion,  sit 

Michael  Foster,  for  our  guides. 

I      To  proce<^d  by  steps:    htrni  these  wrlteri 

,  upon  the  law  of  treason   (who  speak,  as  I 

j  have  before  observed,  upon  tbe  authority  of  ad- 

.judged  cases)  we  learn,  that  not  only  acts  of 

immediate  aud    direct   attempt  against    the 

king's  life  are  overt  acts  of  compassing  his 

deathp  but  that  all  the  remoter  steps,  uken 

with  a  view  to  us^i^t,  \r>  hnri'z  !ihout  the  actiml 

attempt*  are  • 

of  treason ;  * 

iOg  Whftt  Bteps  StlOUlti   be  Ufv^jR  in 


order  10     j 

M 


803] 


35  GEORGE  III. 


Trial  of  TItomat  Hardy 


[204 


m 


bring  abgut  the  end  proi>osGd,  has  beeo  &Iw7iy5 
deemed  tu  be  »n  act  done  in  prosecution  of 
the  design,  and  as  sucb  ao  overt  act  of  this 
treason — This  is  our  first  step  in  die  present 
inquiry.  I  proceed  to  observe  that  the  overt 
acts  I  have  been  now  speaking  of  have  refer- 
ence, nearer  or  more  remote,  to  a  direct  and  im- 
niediate  attempt  upon  the  life  of  the  king;  but 
thai  the  same  authority  informs  us  that  they 
who  aim  directly  at  the  li^e  of  the  kmg  (sucb, 
for  ju'^^^"''  ^*  the  persons  who  were  con- 
cerned a-ssiDation  plot,  m  the  reign 
of  kin^i  jy  fu-enol  the  only  persons  who 
can  be  said  to  compass  or  imagine  the  death 
f>f  the  king.  The  entering  into  measures 
which,  in  the  nature  of  tilings,  or  in  lbej;om- 
mon  experience  of  mankind,  do  obviously  lend 
to  bring  the  life  of  the  king  into  danger,  is 
ailso  compassing  and  imaginmc  the  death  of 
~'  e  king ;  and  the  measures  which  are  taken 
ill  be  at  once  evidence  of  the  compassing, 
tod  overt  acts  oi  it. 

The  instances  which  are  put  by  sir  Matthew 
Hale  and  bir  Michael  Foster  (and  upon  which 
there  have  been  adjudged  casesj  are  of  conspi* 
iftcies  to  depose  the  kmg ;  to  im]>risoD  him  ; 
to  get  his  person  into  the  power  gf  the  conspi- 
rators ;  to  procure  an  invasion  of  the  kingdom. 
The  first  of  tliesc,  apparcrjtly  the  strongest 
case,  and  coming  the  nearest  to  the  direct  at- 
tempt a^inst  the  hfe  uf  the  king;  the  last, 
the  farthest  removed  from  that  direct  attempt, 
but  being  a  measure  tending  to  de^itroy  the 
public  peace  of  the  country  to  introduce  hos- 
tilities, and  the  necessity  of  resisting  force  by 
force,  and  where  it  is  obvious,  that  the  con- 
flict has  an  ultimate  tendency  to  bring  Uie 
yerson  and  ht'e  of  the  king  into  jeopard)r ;  it 
u  taken  to  be  a  sound  construction  of  the 
statute  25  Edward  Srd«  and  the  clear  law  of 
the  land,  that  this  is  also  compassing  and 
imagining  the  death  of  the  king. 

If  a  conspiracy  to  depose  or  to  imprison 
the  king,  to  get  his  person  into  the  power  of 
the  conspirators,  or  to  procure  an  invasion  of 
the  kingdom,  involves  in  it  the  compassing 
and  imagining  of  his  death  and  if  steps  taken 
in  prosecution  of  such  a  conspiracy  are  rightly 
deemed  overt  acts  of  the  treason  of  imagining 
mnd  compassing  the  king*s  death :  need  1  ado, 
that  if  it  should  appear  that  it  has  entered 
into  the  heart  of  any  man  who  is  a  subject  of 
this  coimlry,  to  design,  to  overthrow  the 
whole  government  of  the  country,  to  pull 
down  aud  to  subvert  from  its  very  foundations 
the  British  monarchy,  that  glorious  fabric 
which  it  has  been  the  work  of  ages  to  eroct, 
inaintam  and  support,  which  has  been  co- 
in ted  with  the  oest  blood  of  our  ancestors ; 
design  such  a  horrible  ruin  and  devastation, 
*cl]  no  king  could  survive,  a  crime  of  such 
a  magnitude  that  no  lawgiver  in  this  country 
hath  ever  ventured  to  contemplate  itin  its  whole 
extent ;  need  I  add,  1  saVt  Unit  the  com  plica- 
tii';:    ■.. '  ■'.'■        "     '    ■    *  t,  I  -  irh  a  do- 

»i..  ily  seen, 


of  the  kmg  is  involved  in  it,  b,  ia  triab*  of 
its  very  essence. 

This  is  too  plain  a  case  to  require  1 
illustration  from  me*    If  any  man  of  pli 
sense,  but  not  conversant  with  subjects 
this  nature,  should  feel  himself  disposed 
ask  whether  a  conspiracy  of  this  i>. 
be  reached  by  this  medium  only ;  t{ 

is  a  specific  treason  to  com  pa- 
the  death  of  the  king,  and  no^ 
son  to  conspire  to   subvert    i..u.    ,, 
itself;  1  answer,  that  the  statute  of  Edwiip 
3rd,    by  which  we  are  governed!,  halh  i: 
declared  this  (which  in  all  just  theory 
treason  is  the  greatest  of  all  treasons}  to  I 
hi^h  treason* 

I  said  no  lawgiver  bad  ever  ventured 
contemplate  it  in  its  whole  extent;  the  mdUk 
regni,  spoken  of  by  some  ot'  our  ancie 
writers,  cornea  the  nearest  to  it,  but  falls 
short  of  it ;  perhaps  if  it  were  now  a  queslic . 
whether  such  a  conspiracy  should  be  made  i 
specific  treason,  it  nught  be  argued  to  be  UQ 
necessary  :  that  in  securing  the  person  ma 
authority  of  the  king  from  all  Jangcr,  th 
monarchy,  the  religion  and  laws  of  our  counlr, 
are  incidentally  secured  ;  that  the  constitution 
of  our  government  is  so  framed,  that 
imperial  crown  of  the  realm  b  the  coma 
centre  of  the  whole ;  that  all  traitorY>U9  < 
tempts  upon  any  part  of  it  are  iastant)| 
communicated  to  Umt  centre,  and  fell  there; 
and  that,  as  upon  every  principle  of  public 
poliqr  and  justice  they  are  punishable  as 
traitorous  attempts  against  the  king's  pcr'jon 
or  authority,  anu  will,  according  to  the  parti- 
cular nature  of  the  trditorous  atrr  V  ' 
witl^n  one  or  other  of  the  speciti 
against  the  king,  declared  by  the  bUiu^c 
25  Edward  3rd  ;  this  greatest  of  all  treafionai 
sufficiently  provided  against  by  law, 

Genllemen,  I  presume,  1  hardly  need  gii 
you  this  caution,  that  though  it  has  been  m 
pressly  declared,  by  the  highest  authority^ 
that  there  do  exist  in  this  country  men  capable  • 
of  meditating  the  destruction  of  the  constitu*  | 
tion  under  which  we  live ;  that  dtfclaratioo^ 
being  extrajudicial,  is  not  a  ground  upon  wUkh 
you  ought  to  proceed. 

In  conseouenccof  that  declaration  it  becamt 
a  public  ana  indispensable  duty  of  his  majesty 
to  institute  this  solemn  proceeding,  and  I 
impose  upon  you  the  painful  task  ol  examii 
ing  the  accusations  which  shall  be  brougb 
before  you ;  but  it  will  be  your  duty  la  ei 
amine  them  in  a  regular  judiciiil  course,  Ui« 
is,  by  hearing  tlie  evidence,  and  forming  your 
own  judgment  upon  it. 

And  here,  as  I  do  not  think  it  necessary 
trouble  you  with  observations  upon  the  oi 
branches  of  the  statute  25  £>  ,  tl: 

charge  to  the  grand  inquest  iJL  .rid« 

had  not  Uie  particular  nature  ol  the 
alleged   to   nave  been  formed    ai: 
state,  her.      '    ,  '        '       -  *         '  fj 

pubhc  no^ 

houses    ol     ^>^uuaiU(;Ui.»     iiwrSV     iu     t.\t^y     viit  4, 


hr  High  Tnasm, 

tnl  that  being  tlie  case,  I  am  apprc- 

ii¥i}  th«t  I  shall  not  be  ibon^ht  to  have 

Sled  the  duty,  which  the  Jutt^e  owes  to 

t  grami  juTjy  when  questions  m  the  criminal 

iriie  on  new  and  exlraordtnary  cases  of 

if  I  did  not  plainly  and  distincliy  state 

hat  I  conceive  the  law  to  be,  or  what  doubts 

may  arise  in  law,  upon  the  facta 

^. I  irc  likeW  to  be  laid  before  you,  accord- 

ig  U>  the  diiierent  points  of  view  in  which 
base  facts  may  aj^pear  to  you* 
It  i%  mailer  of  public  notoriety  that  there 
aire  been  associations  formed  in  this  county, 
"/in  giber  parts  of  tlie  kingdom,  the  prt>- 
l  pofpose  of  which  has  been  a  change  in 
omistilution  of  the  Comuiuns  House  of 
and  the  obtaining  of  annuai  par- 
and  that  to  some  of  these  associa- 
other  purposes,  hidden  under  this  veil, 
es*  the  most  traitorous,  have  been 
and  that  some  of  these  associations 
0  supposed  to  have  actually  adopted 
I  of  8uch^  nature^  and  to  nave  gone 
I  macb  accesses,  as  will  amount  to  the  crime 
riiigli  trcftsoo. 

If  lhef<e  be  ground  to  consider  the  professed 
fiq>oie  of  any  of  these  associations,  a  reform 
laMrliamcnt,as  mere  colour,  and  as  a  pretext 
Md  out  tn  order  to  cover  deeper  designs — 
ifsi^ni  ag;unst  the  whole  constitution  and 
enl  of  the  country ;  the  case  of  those 
in  such  designs  i^  that  which  I 
already  ctinsidered.  Whether  this  be 
aov  ^  t>o^*  ^  mere  matter  of  fact;  as  to  which 
I  iball  oolir  remind  you,  that  an  inquiry  into 
acbtf^s  of  this  nature/  which  undertakes  to 
mibt  OQl  that  the  ostensible  purpose  is  a 
mm€  ml,  under  which  is  concealed  a  trai- 
^BfOiia  eofMpf  racy,  requires  cool  and  deliberate 
ntion,  and  the  most  attentive  conside- 
;  ami  thai  the  result  should  be  perfectly 
aiid  tatiifaetory*  In  the  affairs  of  com- 
Ills,  no  man  is  justified  in  imputing  to 
til  /    TV  to  what  he  himself 

,  '  1 1  lest  evidence.    On 

•Other  uif.   tne  charge  can  be 

out ,  I  ^  to  the  crime  meditated 

cpeii  ,.    ...u^tion  and  treachery,  with 
t   to  tiiose  individuais,  who    may  be 
in  to  embark  in  theo&tensible  yiurpose, 
««U  ai  to  the  public,  aeainst  which  this 
*k  mjrimtf  of  wickedness  is  fabricated. 
if  i»e  suppose  these  associations  to 
to  the  professed  purpose,  and  to  have 
ruhmari/  object,  »t  Tnuy  be  asked,  is  it 
and  (if  it  be  poKi^ble)  by  wtiat  pro- 
it,  that  an  assocmrion  for  the  reform  of 
it  can  work  itself  up  to  the  crime  of 
raasoof    All  iri  nay,  all  men 

iflltcy  pO!«%CF  ly  of  ihmkin^, 

ufioti  every  1**,**,^    .>uich  sufficiently 
Uiom  to  become  objects  of  their 
itkNitaiui  ammie  the  objects  of  the  at  ten- 
of  free  taesi,  toe  principles  of  govern- 
ibs  eomilliitioii  of  particular  govem- 
afidyaboTc  ail»  Uie  con^iituUon  of  the 
i|  imda  wJiich  they  live^  will  natu- 


A.  D.  17M, 


[9Wf 


rally  engage  attention,  and  provoke  specula- 
tion. The  power  of  communication  of  thoughts 
and  opinions  is  tlic  gilt  of  God,  and  thafrceSoni 
of  it  is  the  source  of  all  science,  the  first  fruits 
and  the  ultimate  happiness  of  society ;  and 
therefore  it  seems  to  follow,  that  human  lawt 
ought  not  to  interpose,  nay»  cannot  interpose, 
to  prevent  the  communication  of  sentiments 
and  opinions  in  vol  untarjr  assemblies  of  men; 
all  which  is  true,  with  this  single  reservation^ 
thai  those  assemblies  are  to  be  so  composed, 
and  so  conducted,  as  not  to  endanger  the 
public  peace  and  good  order  of  the  government 
under  which  they  hve ;  and  I  shSl  not  state 
lo  you  that  associations  and  assemblies  of 
men,  for  the  purpose  of  obtaining  a  reform  in 
the  interior  constitution  of  the  British  parlia- 
ment, are  simply  unlawful ;  but,  on  the  other 
hand,  I  must  slate  lo  you,  that  they  may  but 
too  easily  degenerate,  and  become  unlawful^ 
in  the  highest  degree,  even  to  the  enormous 
estent  of  the  crime  of  high  treason. 

The  process  is  very  simple :  let  us  imagine 
Id  ourselves  this  case ;  a  few  well  meaning 
men  conceive  that  they  and  their  fellow 
subjects  labour  under  some  grievance ;  they 
assemble  peaceably  to  deliberate  on  the  means 
of  obtaining  redress;  the  numbers  increase  ; 
the  discussion  grows  animated,  eager^  and 
violent ;  a  rash  measure  is  proposed,  adopted, 
and  acted  upon ;  who  can  say  where  this  shall 
stop,  and  that  these  men,  who  originally 
assembled  peaceably,  shall  not  iinally,  and 
suddenly  too,  involve  themselves  in  the  crime 
of  high  treason  ?  It  is  apparent  how  easily 
an  impetuous  man  may  precipitate  such  as- 
semblies into  crimes  of  unforeseen  magnitude, 
and  danger  to  the  state ;  but,  let  it  be  con- 
sidered, that  bad  men  may  also  find  their  way 
into  such  assemblies*  and  use  the  innocent 
purposes  of  their  association  as  the  stalking 
norse  to  their  purposes  of  a  very  different 
complexion.  How  easy  for  such  men  to 
practise  upon  the  creduhty  and  the  enthusiasm 
of  honest  men,  lovers  of  their  country,  loyal 
to  their  prince,  but  eagerly  bent  upon  some 
speculative  improvements  in  the  frame,  and 
internal  roediauism  of  the  government?  If 
we  suppose  bad  men  to  have  once  gained  an 
ascendancy  in  an  assembly  of  this  description, 
popular  in  its  constitution,  and  having  popular 
objects;  how  easy  is  it  for  such  men  to  plunge 
such  an  assembly  into  the  mo^t  criminal  ei* 
cesses?  Thus  far  I  am  speaking  in  general, 
merely  to  ilhistrate  the  proposition,  that  men 
who  assemble  in  i-rder  to  procure  a  reform  of 
parliament  may  iivolve  themselves  in  the 
guilt  of  high  treason » 

The  notoriety  to  which  I  have  alluded  leads 
me  to  suppose,  thaltlie  project  of  a  convention 
of  the  ]>eoplc  to  be  assembled  under  the 
advice  and  direction  of  some  of  these  societies, 
or  of  delegations  from  them,  will  be  the  lead- 
ing fdct,  which  will  be  laid  before  vou  in  ev>» 
dcnce,  respecting  the  conduct,  and  measures 
of  these  associations ;  a  project,  which  per- 
haps, in  better  timcSf  would  nave  been  hardly 


$5  GEORGE  III. 

thmight  worthy  of  crave  con sidera lion ;  but, 
in  these  *jnr  days  "aving  been  atlempted  to 
\f^  put  >  '  on  in  a  distant  p;irt  of  the 

united  '^^<^f  with  the  example  uf  a 

iwighl  untry  before  our   eye*;    is 

(  4e6crv  'fi  ayi  object  of  the  jealousy 

I  of  our  iiivv^ :  n,  will  lie  your  ':  '■   *-  rxamine 
the  evidence  on  thi»  hencl  ^  i  ly*  and 

to  sift  it  to  the  boUom  ;  to  c  ,,,,,, .  ,  vi/rv  part 
0<*it  in  iljelf,  nnd  as  it  elands  connected  with 
Other  parts  of  it,  and  to  draw  the  tcurlu.sion 
of  fad,  as  to  the  existence,  the  md 

the  abject  of  this  project  of  ;i  lyu, 

frora  the  whole. 

In  the  course  of  the  evidence  you  will  pro* 
bably  hear  of  bodies  of  men  hnving  been  col- 
lected together,  of  violent  resolutions  veled  at 
theae  amd  ttt  other  meetingt,  of  fionie  prepara* 
liofi  of  ofien&ive  weapons,  and  of  the  adoption 
of  iho  taogwige,  and  manner  of  proceeding  of 
lho6e  conventions  in  France,  which  have  pos* 
aessed  tbemselfis  of  the  government  of  that 
muMry  I  I  dwell  not  on  the$e  particulars, 
liecaiite  I  consider  them^  not  as  substantive 
trf4£onS|  but,  as  ctrcumslamres  of  evutence, 
tending  to  a^^ertain  the  true  a*tur«  of  the 
object  which  these  persons  had  in  view,  and 
also  the  true  nature  of  thie*  project  of  a  con- 
Tentiofi,  and  to  be  considered  by  you  in  the 
tnasa  of  that  evidence ;  which  evidence  it 
dbea  oot  fall  within  the  province  of  the  charge 
to  consider  in  detail ;  my  present  duly  is,  to 
inforoi  vou  what  tlie  law  is  upon  the  matter  of 
fact,  which  in  your  judgoaent  shall  be  tlie 
result  of  the  evidence, 

I  presume  that  1  have  sufficiently  eiplained 

t#  i^p  tliat  a  project  to  brinj^  the  neople 

|i  logelber  in  convcolion,  in  imitation  or  those 

{  Wrtlftflal  conventions  which  we  have  heard  of 

m  Fitace^  in  order  to  usurp  the  government 

of  tie  couotry,  and  any  one  step  taken  towards 

bfinglog  it  about,  such  as,  fur  iostance,  con^ 

iuUaiions,    forming  of  commiltees   to  con- 

i  iiyder  of  thfl  means,  acting  in  those  committees, 

t  would  ba  a  case  of  no  di faculty  that  it  would 
W  llie  ckare&t  \  on;    it  would  be 

COopMailig  and  ^;  the  king's  deaths 

and  not  only  his  dcadi,  but  the  death  and 
destruction  of  ail  order,  religion,  laws,  all 
property!  ail  security  tor  tlie  lives  and  liberties 
of  toe  June's  subjects. 

That  which  rrr—  *  V-  -,^.;.k— .^  j^^ 
the  project  of  a  r  ole 

object  the  effoci  ^,,    .,«„j«^of 

i«|»reaciitatioa  «*:  i  pvliaAottl, 

and  thff  nhtaimng     ,-  ►is  ihould  h<^ 

b-  Ify ;  and 

d»^      ^^  Such  a  I 

takiig  It  to  be  ainiinai,  may  becrumnai  in 
difatiil  dtgreesi  according  to  the  case  in 
evidence,  trom  whence  you  are  to  oolleol  the 
|nic  nature  and  eatent  of  the  plan,  and  the 
inattner  in  which  it  ^ 
eail  il  «tU  become  a  (. 

what  oia^")  uf  uuucit  U  ongnx  to 


Trial  of  Thamat  Uardtf 

quality  of  this  project  of  a  oonvenlbn,  ye 
will  lay  down  to  yoursolvea   one    principle 
which  is  never  to  be  departed   from,  thai! 
alterations  in  the  represventation  of  the  peopl#] 
in  parliament,  or  in  the  law  K  :      '  ' 
hamcnts  can  only  t>e  effected  I  v 

of  the  King,  Lords,  and  Comuiuii^,  m  pAnia^j 
ment  assembled,  This  Wing  taken  as  a  fo< 
ilij;,  n     \\   ^-eerns  to  follow  as  -^ 
jce,  lh.il  a  project  of  a  c- 
idd  liaVL'  for  il:^  <iiju  i  t  iL 
a  parliamentar 
of  parlki-ni^nt. 
be  hi 
is  a 

Tlie  ^ovxijiuiciu  t.< 
the  tunctions  of  k^ 
moment;  and  it  Ihcu  L 
sequence  indeed^  that  t! 
tors,  perhaps,  had  onlyni«U] 
moderate  reform  :  it  ib  in  the  i 
that  the  power  should  l'^     ■ 
arul   be    beyond  tlie  re.i 
A  conspiracy  of  this  nuu..,.  ..  ».^ 
best,  a  conspiracy  to  overturn  tl 
ment,  in  order  to  new  model  it.  \s 
eliect,  to  introduce  anarchy, 
anarchy  may  chance  to  i»etii 
after  the  king  may  have  been  broii 
scaffold,    and  after  the  country  > 
suffered  all  the  miseries  which  diKofd  mA\ 
civil  war  shall  have  (nroduced. 

Wheihef  the  project  of  a  cor 
ing  for  iia  olitJ^ot  the  oollecL 
power  whkh  should  overawe  llie  it^jibluuv 
body,  and  en  tort  a  parUanieatary  reform  froa 
it,  if  acted  upon,  wt^'  :^   -   iuiount  to  big 
treason,  and  to  Uu  eason  i^i  coin^l 

parsing  and  imagini  '     '<''■«, 

moreooubtlul  que^  £ 

a  fort**"  utiritli  thf  \>-Ar 

atel> 
tcgi.i   . 

can  hnvo  no  etiect  at  all,    i^ 
in  parliamrnt  by  the  kmg's  n^ 
with  the  ttdvioe  asd  eenieoioi  die  Luids 
Co m monf^ ,  i  n  parliwenl  aasem  hi  <^ d     A  for 
med  I  mat  the  parlian^ 

a  for  led  againat  tht  ^ 

'  ihe  ease  of  a  lorrr 

<;,  to  compel  him  i 

ca^,  it  di 

rented  by  u.^  ,.,    ..... 

clear  law,  that 
such  aibrce«  m 
.s  respectir 

of    I: 

ais(% 

•l»e  khig 

^  h  iaoftht  ver. 
will  t>e  fit  to  Ir  iiier«i,  aj>o  i 

leruiinod  whiri  irise. 

It  may  beaiikitfu  t^yuuni^ciear, thai  the  | 


cc)nspim< 


|n  we  L 

it 
refute  : 

f.'' 
Hi, 


voaid  not  I 

r 

9rhktt 


tni 


WSki  I 


itiii 

ft"»f  i; 


vou  X,\IV. 


Jbr  High  Treason. 

El,  having  for  Its  s^ole  object  a 
bleapplica.tio[i  to  the  wisdom 
*'r\.  of  a  wished- for 
hoi  lid  be  tntiiled 
in-  iiriivir>Juy   of 
intent  the 
lint  or  to 
ui  the  peliiion  (grcut  as  Ihe 
:  1  be  on  the  persons  c oncer n- 
'     I  the  many  probable,  and 
I  id  cdDsequcfJces  ofcoilect- 
sber  ol  people  together,  with 
1  powers  to  be  exercised,  and 
rt]t*Dt  but  that  of  their  own 
it  in  itself  merit  to  be  ranked 
>  of  offences  which  we  are 
-  hear  and  determine, 
♦  'trmeat  of  the  fact  of  the 
Lipon^  and  therefore  it 
;  tr  me  to  say  more. 
ii  vvilj  now  proceed  upon  the 
r  inquir}*,  which  have  been 
]  find  that  the  par- 
.   before  you,  have 
Jul  L'uds  by  lawful  means, 
indiiicrcet,  or  al  the  worst  if 
v  have  not  been  criminal  to 
c  Irciisuns  lo  whjcli  our  in 
cd,  th«!n  say^  that  the  bills 
t*:enled  to  you  are  not  true 
«  rhearcuscd  persons  shall 
hecn  engaged  in   that 
U-  roji-,r^n  irv  described 
ifwilh- 
!  !'  length 

.  c  vet  ac^tcd  upon 
.  oi*  bringing  about 
uuiuon  of  the  commons 
or    in  the  manner  of 
ut  the  authority  of 
uf  it,  by  an  usurp- 
in  that   instance, 
illy  of   llic    kin^, 
!"^'  r»ta?*»emble3, 
n  «f  legisla- 
te a  conspi- 
and  con«»ti- 
1  only  in  the 
you  will  tUeu  do  thai 
office  to  do, 
:  tlic  case  of  the  accused 
I  tind  them  involved  in, 
t  de^^i^n  to  collect  the 
- 1  the  legislative  autho- 
'F  the  purpose,  not  of 
.  of  the  lej^i'^l.iture,  but 
iment,  and  *o  compel- 
lud  comn»ons,  in  par- 
ri.Hci  a  law  for  new 
use  of  parhamcnt, 
aiiriii^ .    iind  that 
^ii  mam- 
I J  only: 
-pect  of 
rous  ex- 
LumpJc'Xiun  uf  such  a 
which  1  slate  to  you  as 


A.  D.  lIHs 


[glO 


a  new  and  a  doubtful  case,  should  be  put  inlo_^ 
a  judicbl  course  of  inquiry,  that  it  may  recciva 
a  solemn  adjudication,  whether  it  will,  or  wilf 
not,  amount  to  hi^h  treason,  in  order  U)  which 
the  bills  must  be  found  to  be  true  bills. 

Gentlemen,  I  h^ive  not  opened  to  you  th| 
law  of  misprision  of  treason,  because  I  as 
not  aware  that  there  are  any  commitment 
for  that  offence ;  and  therefore  I  have  no  rea 
^n  to  suppose  that  there  will  be  any  pros 
cutioQ  for  that  offence.    It  consists  of  \Y. 
concealment  of  treason  committed  by  others' 
(which  undoubtedly  it  is  every  man's  duty  lo 
disclose),  and  the  pumshmeot  is  extremely 
severe;  hut  ihe  Immauily  of  modern  times 
hath  usually  interposed^  and  1  trus^t  that  Ih^ 
necessities  of  the  present  hour  will  not  de  ' 
mand,  that  the  law  of  misprision  of  trcasoU 
should  now  be  carried  iniu  execution. 

Gentlemen,  1  dismiss  you  with  confideii1| 
expectation  that  your  judgment  will  be  direct 
ed  to  those  conclusions  which  ma^  clear  iivfl 
Docent  men  from  all  suspicion  of  guilt,  bring 
the  g_"»Ity  to  condign  punishment,  preserve 
the  lite  ot  our  gracioas  sovereign,  serure  the 
stability  of  our  government,  ana  maintain  the 
public  peace,  in'which  comprehensive  term  is 
inchided  the  welfare  and  happiness  of  the£ 
people  under  the  protection  of  the  laws  and 
liberties  of  tiie  kingdom. ♦ 

-      -  -  — I  ■     -  .    ^-. 

*  Immediately  after  the  publication  of  thiM 
charge,  appeared  a  short  examinaiiun  of  th^ 
doctrines  maintained  in  it,  under  the  title  of 
"  Cursory  Strictures  on  the  Charge  delivered 
by  lord  chief  justice  Eyre  to  the  Grand 
Jur>%  October  3,  J  79 1  "  fins  tr.ict,  although 
now  somewhat  scarce,  drew  much  ittentiun, 
and  excited  much  interest  at  the  time  ;  I  have 
sufficient  authority  for  stating  thai  it  whs  com- 
posed by  the  late  iMr,  Fclis  Vau^han,  who  if 
will  be  observed  was  api>ointetf  counsel  fofj 
one  of  the  persoas  arraigned,  and  wlvo  acie  ^ 
as  assistant  counsel  on  Uiis  and  the  following 
trial 

It  is  as  follows  I 

CuASORT   StHICTURES,  &C. 

A  snecial  commission  was  opened  on  th 
sccona  day  of  October,  for  the  tri^il  of  tcrtau^J 
persons  appreliended  upon  suspicion  of  high" 
treason^  the  greater  part  of  whom  were  take 
into  custody  in  the  month    of  May,   1794^] 
Upon  this  occa*iion  a  charge  was  delivered 
the  ^mnd  jury,  by  sir  James  Eyre,  lord  chief 
justice  of  the  court  of  Common  Picas. 

It  is  one  of  the  first  privileges  of  an  English* 
man,  one  of  the  firs^t  Jtitics  of  »  rational  * 
iiijl,  to  dlsvcuss  with  perfect  frcetlom,  all  pric 
ciples  proposed  to  he  enforced  unou  genera 
cibscrvance,  when  those  principles  ary  first 
disclosed,  and  before  they  have  yel,  liy  any 
solemn  and  final  proceeding,  been  matic  pa 
of  a  reg;ular  established  system.  Ihe  chief 
justice,  in  hischarge  to  the  jury,  has  delivered 
many  new  and  extraordinary  doctrines  upon 
the  subject  of  treason.    These  doctrines^  novi 

P 


^11] 


35  GEORO£  in. 


Tlie  sbcriiT  relumed  into  tlic   court  tlic 
ipaiiel  of  tlie  petit  jurors. 

Oh  Monday,  October  the  sixtli,  the  grand 
jury   felurnetf  a  true  till    against  Thomas 

i^hen  Ihoy  have  been  for  the  lirsl  time  stated, 
it  is  fit  we  should  examine.  In  that  exaroi- 
nation,  I  shall  deliver  my  opinions  in  a  man- 
per  perfectly  frank  and  cxphcit.  No  man 
should  seek  to  offend  high  a:uthorriies  and 
elevated  magistracy  ;  but  ihc  object  before  us 
IS  of  an  importance  paraniount  to  thet>c  con- 
siderations. Decorum  is  an  excellent  thing ; 
;We  ought  not  to  sacrifice  to  the  fastidious 
toenls  Of  decorum,  all  that  is  most  firm 
Curity,  Or  most  estimable  in  social  insli- 

The  chief  justice  has  pronused  a  pulvlication 
of  his  charge,  and  1  should  have  been  glad  to 
liavc  wailed  for  the  oppurtiinily  of  an  authen- 
tic copy,  Bui  there  arc  only  a  few  days  remain- 
ing previous  to  the  commencement  of  trials, 
of  "the  highest  expectation,  and  most  unlimited 
importance.  He  who  thinks,  as  1  think,  that 
the  best  principles  of  civil  government,  and 
I  Atl  tliai  our  ancestors  roost  affection  ale  ly 
loved,  arc  strtick  at  in  the  most  Hagranl  marT- 
tier  in  this  charge,  will  feel  that  there  is  not 
an  hour  to  be  lost.  While  I  animadvert 
upon  its  enormities,  it  is  with  some  pleasure 
that  I  shall  reflect  upon  the  possibility  of  the 
©nonuilies  being  aggnivated  or  created  by  the 
imperfect  and  irregular  form  of  the  publica- 
tion before  me.  Every  fricod  of  his  country 
will  participate  the  highest  satisfaction,  til 
finding  them  answered,  oy  a  regular  publico- 
lion  o*  the  charge  to  the  grand  jury,  stripped 
of  the  illegal  and  destructive  docUines  thai 
now  appear  to  pollute  it. 

Among  the  various  branches  of  the  English 
constitution  that  have  for  centuries  been  a 
topic  of  unbounded  praise,  there  is  none,  that 
has  been  more,  or  more  deservedly,  applauded, 
than  tiiut  which  relates  to  the  law  of  treason . 
"  The  crime  of  high  treason/^  says  chief  jus- 
tice Kyrc,*  **  though  the  greatest  crime  against 
failii,  diilVt  and  human  society,  and  though 
the  public  is  deeply  interested  in  every  well- 
iouh  '    '  'utiou  of  this  kind,  has  yet,  at 

the  I  ,  been  the  object  of  consider- 

able jr. n  :   -r>pect  of  the  prosecutions 

in^liluttr  1  ;  they  are  stale  prosecu- 

tions/' I;  ;  ......  lore  of  the  utmost  conse- 
quence, that  the  crime  of  hidi  treason  should 
be  clearly  defined,  and  the  exquisite  jea- 
lousy allaye<h  which  must  otherwise  arise  in 
every  benevolent  mind.    This  has  been  done 


•  *•  lie  add%  •  it  is  noi  to  be  d 
— liViU  any  on**  veniure  to  say,  Ihm 
ofli    '      '  luble,  if  lUcy  cuuUl, 

in  1 1  I  value  to  the  Aubieti ; 


Trthi  of  fhomt  Jffardi/  [StS 

Itardy,  John  Ilorrte  Tooke,  .TohA  Aifgustui! 
Bonoey,  Stewart  Ryd,  Jeremiah  Joyce,  Th6- 
mas  ^^  urdle,  Thom'a^^  llolcrotX  John  Kichlcr. 
Matthew  Moore,  John  Thelwalh  Richard 
Hodgson,  and  Julin  Baxter,  for  high  treason. 

by  the  act  S5  Kdivard  3rd,   one  of  th^  great 

fialladinms  of  the  English  conslitation.  Thi* 
Liw  has  been  sanctioned  by  the  *  ol' 

more  than  four  centuries ;  and,  i  iasr 

been  repeatedly  attacked  by  tlit  tiintMrh- 
ments  of  tyrannical  princes,  and  the  dcci.<iu«s 
of  profligate  judges,  Englishmen  have  always 
found  Unnecessary  in  the  sequel  to  btrip  it  of 
mischievous  appendages  and  arlitii  iitl  izlosses 
and  restore  it  to  its  original  simpf  i  u^ 

trc.    By  this  law  all  treason,  e\(  _    jfa 

few  articles  of  little  general  concern,  is  con- 
fined to  the  *  lc>'ying  war  against  the  king 
within  the  realm,  and  the  compassing  or 
imagining  the  death  of  the  king.*  Nay,  the 
wise  framers  of  the  law  were  not  contented  to 
stop  here  ;  they  not  only  shut  out  the  mis* 
chief  of  arbitniry  and  constructive  treason  for 
themselves,  but' Inserted  a  particular  clanse, 
povjding  that  *  if  in  any  future  i^"-^ '» f"''::ht 
DC  necessary  to  declare  any  new  \  .at 

should  only  !je  done  by  a  direct  ^u ,  .i..^  of 
parliament  for  that  special  purpose.*' 

It  is  obvious  upon  the  face  of  this  wise  and 
moderate  law,  that  it  made  it  ciitremcly  diffi- 
cult for  a  bad  kin|^,  or  an  unprincipled  admi- 
iiistMtion,  to  gratify  their  res^t  mst 

a  pertinacious  oppooeni  by  insiii  .lujii 

him  a  charge  ot  treason.  Such  kings  and 
ministers  would  not  fail  to  complain,  that  the 
law  of  Edward  Jrd  shut  up  the  crime  wilhia 
loo  narrow  bounds ;  thai  a  subtle  adversary 
of  the  public  peace  would  easily  evade  these 
gross  and  palpable  de^nitions;  and  that 
crimes  of  the  highest  magnitude,  and  most 
dangerous  tendency,  might  be  committed, 
which  could  never  be  brought  under  these 
dry,  short,  and  inflexible  classes.  It  is  not  to 
be  denied,  that  some  mischief  might  arise 
from  so  careful,  lenient,  and  unbloo'dy  a  pro- 
vision. No  doubt  oftences  might  fjc  oon- 
ceived,  not  less  dangerous  to  the  public  wel- 
fare, than  tlioso  described  in  the  act  ond«»r 
cu  ij.      But  our    ancestors 

1 1  to  this  inconvenience,  ?r 

it  II V  ijij  im  ans  such  n-       ^  -  - '  *    '  vje. 

They   experienced    a  ,    Si 

proud  atul  hi '-  i  --^  -  *  '- 

J'tal4a<%   wl, 
mischief  of  e  ..,  .i. 
sionatly  be  employed 
crinihiib.    IfwcViti 
poliry,  lei  us  hew 
n  HTortil  vrnOtn  i:    ,  mI 

',  icc   hu:^   ( '  ■ 

ut  .i.iiig  Ktl:  "      '  '  ' 

siiit^  anditii 


c  donotMibslJintCei 


iXUiUiUj.jlUU 


SJ5J 


Jw  High  T>'foson. 


A.  D.  I7M. 


[611 


J*>bn  Lavctt 
On  Tuesd^,  October  the  sieventh,  Tbomas 


•  tksl  ibey  who  aim  dLrectly  at  the  lile  of  the 

}ri»i»    arr  nnt  tKr  ortlv    otriiuQS^   who    O^y   be 

n  his  dcuth.    The 

fri  I'll   in    I  he    MLitnrf' 

0(  ' 

f-t    ,  _       .'  _    ,  ,  -, 

afi4  iiAi^guuij^  iiii^  ilc»ilh  uJ  Uic  kiu^;  ani 
tbt  f*i'^*«te^  whicli  itre  takeiJ^wiU  be  at  gute 
fi  -anti  overt  acts  of 

lie  put  un(i<;r  this 
^^itjr  and  sir  Matthew 
'  liifre   have  been  ad- 
c* VL  "    t;  ,ur,  viz*]  of  a 

t  to  iajprUon 

to  gel  iu-  ,  u.>,.jii  ..itu  iiiL   power  of  the 
ilors,  and  to  procure  an  invasion  of 
ioui/^     H*  furtlu  r  states,  **  that  oc- 
^tkftve  nii  iut  too  frequently 

^  lit  orcf  t  at  I         ;        species  of  trerisoii 
seder  c  jn,  in  conseauence  of  which 

vtaie  f'  ^  with  judicial  QpinioDs  upun 

■10^  of  iik^Uh    We  are  also  furnished  with 
'^'      T»  dmwn  from  thcbe  sources,  of  text 
i^^utne  of  the  wisest  and  inost  cphghtr 
i  t/f  tht'ir  lime,  whose  integrity  has 
A  as  the  most  promioent 
lof  |h'  Ml',  and  whose  doctrines 

IbrtJi  1  marks,  by  which  pos^ 

fill  I  to  trace  with  con&idcr- 

icert  ■ '  *  '  niary  line  between  hieh 

fa  lower  order  and  ife- 
le  circumstance/*  con- 
,**  that  we  are  thus  us- 
ijoceive  that  it  must  he 
pliiced  in  the  responsi- 
yon  now  stand;  and 
I  lion  and  comfort 
u'  responsibility  of 
U  the   i<iw  IS,  in  cases  Iq  which 
ad  the  individual  are  so  deeply 

preamble  of  the  chief  justice, 

'         nething  extremely  hu- 

I  trace  in  it  the  lan- 

'   tiwyer,  a  sound  lo- 

ereel,  and  honest 

I'W  by  just  decrees 

V  as^  it  is,  and  de- 

Lif-Liinst  new,  un- 

ijnstnictions. 

il  his  neck  to 

ly  admiiiistralion ; 

I  able  principles  of 

1   tu  iry  by  them,  and 

ri^  thjit  are  brought  be- 

>  himself,  and 

y  cODbolation 

tw,  and  force 

V  are  to  con- 

.u   lilt    *t;alr|i,  and  the 

n  ivUo  have  been  the 


1 


la  atl  Ihiti 
Ikn  it  u£;t 

|^a[|t  of  n.  • 


leii  huu 


Holcroft  voluntarily  surrendesred   himself  ia 
court,  and  was  conunittcd  to  Newgale, 

At  the  request  of  the  several  prisoners  the 
--  -  „       ___ ^ 

Meanwhile  what  wotdd  be  said  by  our  coi\*  1 
temporaries  and  by  our  posterity,  if  ttib  picture  1 
wore  to  be  reversed;  if  tiic^e  pivmise^  were  * 
ij^iiie,  only   to   render    our    diMi'iiuijUiULntl 
bitter;  iftlie^ehiwh  pru  i 

■  ly  as  an  introduction  to  :l  ^  , 

iiiii^s  of  arbitrary  con s true Uo us,  vf  iicw-litapj 
gled  treasons,  and  doctriues  equally  inconsl9*>  j 
tent  with  history  aud  iheniselvcs :  I  hope  f 
these  appearances  will  not  be  found  i^, 
the  authentic  charge.  But  whoever  be  thp  i 
unprincipled  impostor,  that  thus  audaciously  ! 
saps  the  vitals  of  human  hberty  and  human  ' 
happiness,  be  he  printer,  or  be  he  jud^^e,  it  is  * 
the  duty  of  every  friend  to  mankind  to  deled  j 
aud  expose  his  sophistries. 

Chief  Justice  Eyre,  after  having  stated  thp  i 
treasons  which  are  most  strictly  wuhin  the  I 
act  of  lid  ward  3rd,  as  well  as  those  which  are  < 
sanctioned  by  high  law  authorities,  and  upon  J 
which  there  have  been  adjudged  cases,  pro- 
ceeds  to  reason  in  the  following  manner  : 

"  If  a  conspiracy  to  depose  or  imprison  the 
king,  to  gel  his  person  into  the  power  ot  the  j 
conspirators,  or  procure  an  invasion  of  the] 
kingdom,  involves  in  it  the  compassing  and 
iroagming  his  death,  and  if  steps  taken  iaj 
prosecution  of  such  a  conspiracy,  are  rightlyi 
deemed  overt  acts  of  the  treason  of  corapas**! 
sing  the  kind's  death,  what  ought  to  he  oi^  J 
judgment,  if  it  should  appear  that  it  liad  eu- 
\cred  into  the  heart  of  any  man»  who  is  a  sub-  ' 
jectofthis  country,  to  desi;;u  to  overthrow  ihpj 
whole  government  of  the  country,  to  pulll 
down  aud  to  subvert  from  its  very  foundatiousi 
the  British  monarchy,  that  glorious  fabric, J 
which  it  has  been  the  work  ol'agcs  lo  er^ct^T 
maintain, and  support;  which  has  beence-j 
mentcd  with  the  Lest  blood  of  our  ancestors;! 
to  design  such  a  horrible  ruin  and  devasfcatioOyfl 
which  no  king  could  survive." 

Here  we  are  presented  with  a  queslio^'] 
which  is  no  doubt  of  the  utmost  magnitude  j 
and  importance.  Is  the  proceeding  thusde-J 
scribed  mailer  of  high  treason,  or  is  it  not?  j 
It  confessedly  does  not  come  within  the  letter  i 
of  25  Edward  3rd.  It  does  not  come  withia  1 
the  remoter  instances  "  upon  which  theris  J 
have  been  adjudged  «!ases/'  Chief  Justice  I 
Eyre  has  already  enumerated  these,  aud,  h^  I 
ving  finished  that  part  of  hii  subject,  gone  o|l ' 
lo  something  confessedly  different. 

Arc  we  reasoning  respecting  law,  or  re- 
specting a  state  of  society,  which,  having  no  J 
tixed  rules  of  law,  is  obliged  to  con!^u!t  the] 
dictates  of  its  own  discretion?  Plainly  the  , 
forniLT.  It  follows,  therefore,  that  the  aggra^ ] 
vations  collected  by  the  chief  justice,  are  tc>«J 
tally  foreign  lo  the  question  he  had  to  con-1 
sider.  Let  it  be  granted,  that  tlie  crime,  ml 
the  eye  of  reason  and  discrrtion,  is  the  motill 
enonuous,  that  It  cua  enter  mlQ  the  heaEl  < 


^15] 


55  GEORGE  UL 


Trial  of  Thomai  Hardif 


[216 


fa) lowing  gentlcnicn  were  assigned  by  tlie 
Court  as  their  counsel  -, — for, 

Thomas  Uatdy^^Mr*  Erskine,  Mr.  Gibba. 

John  Home  Tooke, — Mr.  Erskinc,  Mr. 
Gibbs, 

inan  to  conceive,  still  I  shalJ  have  a  riglit  to 
ask  l3  it  a  crime  against  law  P  Show  me  the 
sUtiJtc  that  describes  it;  refer  nie  to  the  pre- 
cedent by  which  it  is  definccl  ■  quote  me  li»c 
adjudged  case  in  which  a  matter  of  such  iia« 
paralleled  magnitude  is  selUed. 

Let  us  know  the  ground  upon  which  we 
stand.  Are  w*e  to  unders^lana  that,  under 
chief  justice  Eyre,  and  the  other  judges  of  the 
special  f  ommission,  rea**onii>^*  are  to  be  ad- 
duced frora  the  axioms  and  cfictums  of  moral- 
ists and  metaphysicians,  and  Ihat  men  are  to 
be  convicted,  sentenced,  and  executed,  upon 
these?  Are  we  to  understand  that  hence- 
ibrtti  the  man  most  deeply  read  in  the  laws 
of  his  country,  ana  n.ost  assiduously  conform- 
ing his  actions  to  ihem,  shall  be  liable  to  be 
arrai<*ned  and  capitally  puni<^hed  for  a  crime 
that  no  law  describes,  that  no  ureccdent  or 
"adjudged  case  ascertjiins,  at  tlie  arbitrary 
pleasure  of  the  administration  for  the  time 
Deing?  Such  a  tniserabie  miscellany  of  law 
and  metaphysical  nr.ixin*s,  would  ha  ten  thou- 
sand times  worbf,  tiian  if  wc  had  no  law  to 
direct  *>ur  actunis,  The  law  in  that  case 
would  be  a  mere  trap  to  delude  us  to  our  ruin 
creating  a  fancied  security,  an  apparent  clear- 
ness and  detinitiou»  the  belter  to  cover  the 
concealed  pitfalls  with  which  we  arc  on  every 
'side  surrounded. 

1  he  chief  justice  is  by  no  means  unaware 
ef  the  tremendous  consequences  that  would 
result  from  such  an  admini*^tration  of  criminal 
law,  lie  speaks  respecting  it,  when  the  sub- 
ject is  first  stitrted,  with  great  temperance 
and  rautiwi.  Ue  says,  "That  Ihe  crime  of 
conspiring  lo  overthrow  tlie  monarchy,  is 
such  an  one,  as  no  lawgiver  in  this  country 
han  ever  ventured  to  contemplate  in  its  whole 
extent*  If  any  man  of  plain  sense,  hut  not 
conversant  with  subjects  of  this  nature,  should 
feel  himself  disposed  to  ask,  whether  a  con- 
spiracy of  this  extraordinary  nature  is  to  be 
reached  by  the  statute  of  treasons^  whether  it 
is  a  specific  treason  to  compass  and  imagine 
the  death  of  the  king,  and  not  a  spccihc  trea- 
fon  lo  conspire  to  subvert  the  monarchy  it- 
self? I  answer,  that  the  statvtte  of  Edward  Urd, 
by  which  we  are  bound,  has  not  declared 
this,  which  undoubtedly  in  all  just  theory  of 
treason  is  the  greatest  of  all  treasons,  to  be  a 
cific  high  treason,  1  said,  no  lawgiver  had 
ventured  to  contemplate  it  in  its  whole 
IBxleot/* 

The  language  here  employed  is  no  doubt 
manly  and  decisive.  From  hence  it  follows, 
with  the  most  irrcfiistildc  evidence,  that  that 
'•  w^  '"  '  '  tr  by  which  we  are  bound, 
lia^  *  be  treason,'*  Itiat  **  which 

no  1..W.U.'-;   "—  i-vcr  ventured  to  contcin^ 


John  Augustus  Bonney,  —  Mr,  Erskine, 
Mr  Gibbs. 

Stewart  Kyd,— Mr.  Erskinc,  Mr.  Gibbs. 

Jeremiah  Joyce, — Mr.  Erskine,  Mr.  Felix 
Vaughan. 

till  all  law  is  ^annihilated,  and  all  maxims 
of  jurisprtidence  trampled  under  foot  and 
despised. 

No  author  has  reasoned  with  f^rr-itr  r  :\rr\i'' 
racyi  and  in  a  more  satisfactory  i  on 

this  important  branch  of  the  Eui;  I     i  au- 

lion  than  the  celebrated  David  Hume,  in  his 
History  of  England.  Ihis  author  is  well 
known  lo  have  been  sutliciently  favourable  to 
the  prerogative,  yet  his  reasonings  upon  this 
subject,  in  the  case  of  lord  Strafforde,  arc  as 
mmutcly  applicable  to  the  case  before  us,  as 
if  he  had  written  them  with  the  proceedings 
of  the  special  commission  of  October,  1794, 
lying  before  him  upon  his  table, 

"  Of  all  species  uf  guilt,  the  law  of  England 
has,  with  the  most  scrupulous  CKactnc«.s,  de.- 
fined  that  of  treason;  because  on  that  side  it 
was  found  most  necessary  to  urotcct  the  sub- 
ject a^am  si  the  violence  of  the  king  and  of 
his  ministers.  In  the  famous  statute  of  Ed- 
ward 3rd,  all  the  kinds  of  trcitsonn  arc  enume- 
rated ;  and  every  other  cnine,  beside  such  as 
are  there  expressly  meniii>ncd,  is  carefully 
excluded  from  that  Hjtpellarion.  But  witn 
regard  to  this  guilt  An  endeuvour  ta  nuhrert 
the  fundtiutcntut  fnwx^  the  statute  of  trrasun  is 
totally  silent ;  and  arbilrarily  lo  inir.^lnce  it 
into  the  fatal  catalogue,  is  itself  a  subversion 
of  all  law;  and,  under  colour  of  defendiag  li- 
berty, reverses  a  ?.latute  the  bei»t  calculated 
for  the  security  of  liberty,  that  was  ever  enact- 
ed  by  an  English  parliament,*'  Vol.  vi,  chap, 
liv,  p.  403. 

The  fullowingare  a  few  seulences  from  the 
defence  of  lord  Strafforde,  as  quoted  by  Mr. 
Hume,  a  nt^blenvan,  whom  the  republicans  of 
that  time  so  vehemently  hated,  and  were  so 
fixed  to  destroy,  as  to  render  them  little  scru- 
pulous of  overstepping  tlie  simple  and  uu^ 
tending  provisions  of  the  law, 

*♦  Wlicre  has  this  species  of  guilt  lain  so 
lone  concealed?  Where  has  this  fire  been 
so  long  litiried,  during  so  many  centuries, 
that  no  smukc  should  appear  till  \x  burst  out 
at  once  to  consume  me  and  my  children  f 
Better  it  were  to  live  under  no  law  at  ail,  and, 
by  the  maxims*  of  cautious  prudence,  to  con- 
form ourselves  the  best  wc  can  to  the  arbi-^ 
irarj'  wdl  of  a  master,  than  fancy  we  have  a 
Jaw  on  which  we  can  rely,  and  find  at  1«M, 
that  this  law  shall  lufiata  punishment  prece- 
dent to  the  pronuilguliun,  and  try  us  by  max- 
ims unheaKi  oriiirthr  very  mitnient  nf  the 
prosecution.  VV  iiere  is  tiic  mark  hcX  upon 
this  crime?  Where  Itic  token  hy  whicn  I 
should  discover  it?  Ic  has  lain  roncealed| 
and  no  human  pn'  :'^:m  innocence, 

could    wive    nic    '  rue  lion   wiUl 

which  I  am  at  prc-^in  im.  ,^i.  unl.** 

**  it  is  now  liiU  two  butidn:d  aod  foit^ 


sm 


Jbr  High  Treason* 


A.  D.  1794. 


[220 


Thoraannolcroft^ — Mr»  Erskine,  Mr.  Gibbs. 
John  Ricbtcr»— Mr.  Er^kine,  Mr.  Gilibs. 
Johti  Ihclwall, — Mr.  Ersskine,  Mr.  Gibbs. 
jobn  Baxter, — Mr.  Erskine,  Mr,  Gurney. 


I  *incc  treasons  were  deBncd,    Let  iis  be 

-viih  what  our  fathers  left  us ;  let  not 

ion  carry  us  to  be  more  learned  than 

l..,.r    ^-vi*',  in  these  killing  and  destructive 

i  1     To  ail  my  afflictions  add  not  this,  my 

Ihc  most  severe  of  any,  that  I,  lor  my 

r  Mns,  not  for  my  treasons,  be  the  n^eans 

_Jrod\>cin^  a  precedent  so  pernicious  to 

!  laws  and  liberties  of  my  native  country  V* 

6, 

Chief  Justice  EjTe*s  daarge  consists  of  three 

~~"\    The  first  tivc  pages  contain  principaUy 

pjid  and  constitutional  ex  positron  ot  the 

*  treason,  as  exlsibiled  in  the  hooks.     In 

we  are  presented  with 

'  1  ni^  this  new  treasort 

,  HI   MJi»vert  the  monarchy;*' 

f  justice,  as  has  already  appear- 

1  hic  Kpeculation,  with  expres* 

rurnulatcd  evidence,  and 

J  J  terms,  thkit  this  new  ima- 

I  £  ison  IS  no  treason  by  the  laws  of 
il 

kictv,  as  the  chief  justice    observes,  the 

KniTC  might  have  concluded.    Here,   if  a 

yf  -iinl  had  been  paid  to  the  essential 

I I  of  criminal  justice,  it  would  have 
;  if  not  in  reality  a  little  sooner. 

'i  nder  of  the  charge  is  made  up  of  hy- 

Dili  I'liption^prejudiaition^  and  con< 

ctii  is  scarcely  a  single  line  that 

tOiri  'iiiwuufTiJ  with  such  phrases. as"  public 
otoneiy,"  "things  likely,"  "purposes  im- 
Dtn^'*  *'  measures  supposed/*  and  ^*  imagin* 

.*'   Liliiin  reason  of  all  this  is,  that  the 
[c  e  suspected,  that  the  treason  de- 

iIjC'  statute  25  Edward  3rd,  and 
I   precedent,  or  deduciblc 
.even  with  the  addition 
rtbc  4.lii  new  constructive  treason, 

ded,  -  sscs,  upon  no  law,  prece- 

J  Or  cuj^e,  and  which  therefore  is  in  reality 
rlr»SK»nt  did  not  aiford  sufficient  ground  of 
ttit.i  t    the    prisoners,     lie    is 

rfcire  •  leave  trie  plain  road^  and 

»eJ  otit  urd.    No  Taw,  no  deduc^ 

,  Of  c<  1  of  iaw»  that  could  he  for- 

lordrj.".,  ,.„,  ._,i  a  mere  view  of  the  sta- 
wtKild  titiswer  the  purposes  of  the  spe- 
l€<»liaQitsa(on.     fie  is  therefore  obliged  to 
'  'gt  himself  in  conjecture,  as  to  what  the 
tW33    rT?3v  h:ivr  ftone,  and    what    are 
"  ih€  f^cf-  rd  before  the  jury." 

Tuo  Hm-t  wre  included  in  this 

I J I  St,  the  chief  justice 
pi;  hifni»elf  unable,  by  direct 

^  wlmt  U  is  we 
1  to  the  neccs- 
'  oi  TL'i'.:jjj;]  '   *'    -    ~'"nend 

i  tj  aclMiti  ce  of 


1^' 


Thomas  Wardle,  Mattliew  Moore,  and 
Richard  Hodgson,  were  not  in  custody. 

On  Monday,  October  the  thirteeoth,  Mr. 

ready  performed  to  the  question,  whether  or 
no  they  shall  full  under  such  or  such  provi* 
fiions  of  law.  Secondly,  by  this  perverted 
mode  of  proceeding,  he  completely  prejudges 
the  case  of  the  prisoners.  He  does  not  pro- 
ceed, as  a  judge  ought  to  proceed^  by  explain- 
ing the  law,  and  leaving  the  grand  jur}'  to  fiTc 
its  application  upon  individuals;  but  leads 
them  to  the  selection  of  the  individuals  them- 
selves, and  centres  in  his  own  person  the  pro* 
vinces  of  jt»dge  and  accuser.  It  may  he 
doubted  whether,  in  the  whole  records  of  the 
legal  proceedings  of  England,  another  in- 
stance is  to  be  Jound,  of  such  wild  conjecture, 
such  premature  jiresumplion,  imaginrttions  so 
licentious,  and  urcams  so  full  of  sanguinary 
and  tremendous  prophecy. 

The  conjectures  of  the  chief  justice  respect- 
ing the  probable  guilt  of  the  accused  fall  un- 
der two  heads.  First,  "  associations,  the  pro- 
fessed purpose  of  which  has  been  a  change  in 
the  constitution  of  the  Commons  House  of 
Parliament,  and  the  obtaining  of  Annual  par- 
liaments/' Secondly,  "  the  project  of  a  con- 
vention to  be  assembled  under  the  advice  and 
direction  of  some  of  these  associations." 

The  treasons  which  the  chief  justice  ima- 
gines himself  capable  of  fixing  upon  some  of 
these  associations  for  a  parliamentary  reform, 
are  of  two  kinds. 

Before  we  enter  upon  these,  let  us  pause  a 
moment,  and  consider  the  unexplored  countnr 
before  us.     Every  paragraph  now  presents  us 
with  a  new  treason,  real  or  miaginarjv  pre- 
tendedly  direct,    or  avowedly    constructive. 
Division  and  subdivision  rise  upon  us,  and  al- 
most every  one  is  concluded  with  the  awful 
denunciation  of  treason.    I'he  chief  jtistifc 
is  no  longer  contented  with  the  plain  treasons 
of  36  Edward  3rd,  or  the  remoter  treasons  of 
Foster  and  H*ilc.    His  whole  discourse  hangs 
by  one  slender  thread.     He  perpetually  refers 
to  the  new  and  portentous  treason  of  his  own 
mere  creation,  **  a  conspiracy  to  subvert  the 
**  monarchy  ;*'  a  treason,  which  he  ingenu- 
ously avow's  "  no  lawgiver  in  this  country  has 
ever    ventured    to    contemplate,'*  and  *Hhe 
statute  of  Edward  3rd,  by  which  we  are  bound* 
has  not  declared;*     Upon  this  self-constitutexl 
treason  he  hangs  his  other  conjectures  and 
novelties  as  weil  us  he  is  able,  b)  the  help  of 
forced  constnictions,  of  ambiguoun  and  Uu- 
ceitful  words,  and  all  the  drlu^iont  of  a  prac. 
Used  sophistcr.     Was  it  necessary  for  the  de- 
struction of  twelve  private  and  untitled  incn^ 
to  create  all  this  confusion,  to  prmhire  nil  ihi» 
Riin,  to  overturn  everv  thing  tbul  u  vahialilc 
in  English  librrtv;    "^   "'  '^*'  ui  for  tune  rom^ 
inrt  under  thn  imr  ami  IncxpUcmtlr 

dehpoti-iin  that  the  cr  taw  f 

Let  us  attend  to  the  opiatcrn  of  judge  ! 
stoue  ui>oti  ihii  aulu«^ct, 


35  GEORGE  III- 

White,  solicitor  for  the  treasury,  delivered  lo 
each  of  the  prisoners  a  copy  of  the  tDdictmca^ 
a  hst  of  the  jurors  impEtnclled  hy  the  ^he^ff, 
and  a  tbt  ot  the  witnesses  to  h^  produced  by 
the  crown  for  proving  the  said  inoictment. 

**  By  the  ancient  common  law,  there  was  a 
great  latilude  left  in  the  brea&t  of  the  judges,  j 
to  determine  what  wiis  treason  or  nut  so;  ' 
vr hereby  the  creatures  of  tyrannical  princes 
had  opportunity  to  create  abuodiince  of  con- 
structive treasons :  that  ia,  to  raise,  by  forced 
and  arbitrary  constructions  ofi'ences  into  the 
crime  and  puni!>»hment  of  treason,  which  never 
were  siL«ipected  to  be  such.  To  prevent  lhet»e 
inconveniences,  tlie  Matute  25  Edward  3rd, 
chap.  9,  wa%  made.  [B<^k  iv,  chap.  6,  p.  75] 
—This  is  a  great  security  to  the  public,  and 
leaves  a  weighty  m4menio  to  judges  to  be  care- 
ful, aud  not  overha^ty  in,  letting  in  treasons 
by  construction  or  interpretation^  especially 
in  new  ra^os  that  have  not  been  resolved  and 
settled. ^ — The  legislature  was  extremely  libe- 
ral in  decbriuie;  new  treasons  in  the  unfortu- 
nate reii^n  of  kuig  Richard  the  second  ;  but|, 
in  the  first  year  of  his  successor's  reign,  an 
act  "  was  passed^  which  at  once  swept  awuy 
this  whole  load  of  extravagant  treasons.  An 
terwards,  particularly  in  the  bloody  reign  of 
Henry  8th,  the  spirit  of  inventing  new  and 
strange  treasons  was  revived  ;  alt  which  new- 
fangled crimes  were  totally  abrogated  by  the 
statute  1  Alary,  chap*  1 ;  since  which  lime  the 
legislatnre  lias  become  more  cautious  upon 
this  subject.**     [P.  85,  86.] 

The  hrst  mode  in  which,  according  lo  chief 
Jul  r  .  an  association  for  parliamentary 
rt"  incur  the  penalties  of  hi^h  trca- 

»Gij,  13  *>iua  **  other  purposes,  besides  tho.<ke 
of  parliamentary  reform,  and  of  the  most  trai- 
torous nature,  are  hidden  under  this  veil" 
The  purposes  he  may  be  supposed  to  mean, 
are  tliose  of  his  new-fangled  treason,  of"  con* 
spiring  to  subvert  the  monarchy."  ThuSi 
in  the  first  piace^  we  have  an  innocent  purpojws 
constituting  the  professed  object  of  this  sup- 
posed as.sociation ;  and  behind  that  the  grand 
jury  arc  to  discover,  if  they  can,  a  secret  pur- 
pose, totally  unlike  that  which  the  associators 
profess;  and  this  pun^ose  chief  justice  Eyre 
clerlares  to  be  treason,  contrary,  as  he  avow- 
edly ronlesscs,  to  all  law,  precedent,  a^d  ad- 
judif-Ucd  cases. 

The  second  mode,  in  which  the  chief  justice 
15  wilUng  to  pre- suppose  hii;h  treason  in  an 
%S^oriatton  tor  parliamentary  irr.Min   i^    by 

ii  an  association,  not  in  itt  <•  as 

I  says,  '*  simply  unlawful,  too  t m  .  ^i  De- 
rating, and  becoming  unlawful  in  the  highest 
degree.'* 

It  isdifficuU  to  con 
with  the  gravity,  that 
giM rate,  delivering  bis 
of  iu»lictf.  **  An  assot  i 
refcrmmav  rf 
in  the  hi^hr 
cstcnt  of  itic  '. 


n  this  article 
line  to  a  ma- 


On  Friday,  October  the  34lb,  Thomas 
Hardy,  Joiio  Home  Tooke,  John  Augustus 
Bo nney,  Stewart  Kyd,  Jeremiah  Joyce,  John 
Richtcr  and  John  Thelwall,  were  removed 
by  habeas  corpus  from  the  Tower  to  New- 
gate. 

knows  not   that?    Was   it    necessary    tba 

chief  justice  Eyre  should  come  in   "^^ 
Iconity  to  announce  to  us  so  irr>  4 

proposition?    An  association  for  j..... ..*,>.ii- 

tary  reform  may  desert  its  object,  and  be 
guilty  of  high  Ireasoa  True :  so  may  a  card 
club,  a  bench  of  ^us^tices,  or  even  a  cabinet 
council.  Does  chief  justice  Eyre  mean  to  in^ 
sinuate,  that  there  is  something  in  the 
pose  of  a  parliamentary  reform,  so  uohal 
ed,  ambiguous,  and  unjust,  as  to  render 
well-wishers  objects  of  suspicion,  rather  tf 
their  brethren  and  fellow  subjects  ?  Wh 
can  be  more  wanton,  cruel,  and  inhumai 
than  thus  gratuitously  to  single  out  the  pur* 
pose  of  parliamentary  reform,  as  if  it  were,  g|[ 
all  others,  most  especially  connected  with  de- 
generacy and  treason  ? 

But  what  is  principally  worthy  of  observe* 
tion  in  both  these  cases,  is,  the  easy  and  artf  " 
manner  in  which  the  idea  of  treason  is 
troduced  mto  them.     First,  there  is  a  **co 
cealed  purpose,*'  or  an  insensible   **  degeni 
racy,*'  supposed  to  take  place  in  these 
ciations.    >Jext,  tliat  ^^  concealed  purpose 
or  insensible  **  dcjgeneracy,"  h  suppoHcd 
tend  directly  to  this  enii,  the  **  subversion 
the  tnonarcliy:"    Lastly,  a   **  conspiracy  . 
subvert  the  monarchy/'    is  a  treason,  firi 
discovered  by  chief  justice  Eyre  in  1794,  nev 
contemplated  by  any  lawgiver,  or  included  i 

any  statute.    Deny  the  chief  juslii -le^ 

of  his  three  assumptions,  and  his 
duction  falls  to  the  ground.  ChaiU.>^..  »at.), 
or  any  man  hving,  to  prove  any  of  them  ;  ant) 
you  require  of  him  an  impossibility.  And  It 
IS  by  this  sort  of  logic,  which  would  be  scout- 
ed in  the  rawest  graduate  m  either  of  our  uni- 
versities, tliat  Knglishuien  arc  to  be  brt^uglil 
under  the  penalties  of  treason ! 

Of  the^e  assumptions,  the  most  flngra 
perhaps,  if  in  reahty  there  can  be  any  grad 
tion  in  such  groundless  assertions,  is  tb: 
which  imputes  to  the  associations  a  *'  coj 
spiracy  to  subvert    the  *'  n»onarchy."    T] 
chief  justice  knows,  for  no  man  is  'tj^noia 
that  there  is  not  the  shiidow  of  evidence 
such  a  conspiracy*    If  anv  man  in  Englai 
wishes  th''   ^")iv-rtigii  of  the  monarchy- 
there  am  ind  that  dues  not  feci,  lii 
suchiub\'                 rectedatallyCanohlvbi't' 
fected  by  an  msensible  revolution  < 
Did  these  associdtJon^  phm  the  tnur 
king,  and  the  <>n  of  the  iu>«tl  f« 
Iv?    Wher^  :i  oh  of  it?    But 

,a  piii^rc  tiii'in  probubi 

■li.-nir--    nf  1  u-,iLin   H^d 


UH'L      \H      41 


it] 

51*   utitsgri,       VV  tiu  I  ^jcuU  every  ijiau  to   luc  ^^uiowa  wiuioui  tJt;^ 


Jbr  High  Trtasm* 
Stmnu  UmU4  in  the  Old  Baitty,  Saturday  Oc- 

l*re»iil,— Lo«l  chief  jtislice  E/re;    lord 
chief  Iwron  Macdonsild  ;  Mr.  baron  Hotham ; 

'         appcHations  shall 

[  e,  or  bis  niajesly's  scr- 
:c  of  high  treason  to  ad- 
)('c  il.  The  purpose  of 
I ,  as  the  rhicf  justice  con- 
..,  being  treasonable,  is  not 
nl,"  If  the  persons  now  in 
■  - ,  1 1,  e  been  2;uHly  of  high  treason, 
flat  IS  the  pomt  to  which  uur  allenlion  is  to 
be  f::i1!e<J  Thrlr  treason  is  neither  greater 
n  '^*S  ^Tigaged  in  a  mwful 

M  ^  ftr  a  pariiamentary  re- 

fi  1  ua   uhu^i'lhcy   have  done  that  is 

i:  uJ  do  not  seek  to  excite  eictrajudi- 

aaJ  ^♦rguaiccs  against  them  for  what  is  iono- 

Having  fl  Mhe  immediate  purpose  of 

t  jnrbamf  n  m,  the  chief  justice  goes 

Mk  io  the  is-.M  j^»jj.tL  to  consider  "the  project 
•fa  convention,  to  be  assembled  under  the  ad- 
fke  and  direction  of  some  of  these  as&ocia- 


A.  D.  1794. 


^RC 


And  htTv  h  was  impossible  not  to  recollect, 
t'  -  and  meetings  of  delegates 

i  us  foreign  to  the  English  his- 

loiy  ;  iaiiS  llmi  twelve  or  fourteen  years  ago, 
Btov  of  his  majesty's  present  ministers  were 
d«plT  enpged  in  a  project  of  this  nature. 
Accoriifii^ry,  the  chief  justice  lakes  a  very  me- 
IBMlt't     '  Hon.     He  calls  it  **  a  project, 

^Mffl^i  imcjj  would  have  been  hardly 

thlM^bi  v»^  '  r        irration,  butp  in 

ib»e,oaTi!  een  attempted 

til  ifi  t  \  L  •-  M I  ( u  1 1  III  ,1  L 1 1  -  i  itnl  part  or  th  e 
Idn^dom,  and  with  the  example  of  a 
tinng  country  before  our  eyes,  is  de- 
become  an  object  of  jealousy  to  the 


icmdly 


f^frc  arc  j 
Ixhrmn!  3rd, 
tie  «nfi1c\ 
**^baU  tarr 


^th^ 


-  one  of  the  most 

1  nciples  of  executive 

1(1  of  or  imagined. 

Tit  measures  of  jus- 

^  by  the  act  i?5 

iJing  fitting  to 

says  the  act, 

judgment  of 

I  and  de- 

rliameot, 

ir   Fn'j-<,t    ifriuon  or 

liameutj  thf    lp;^islative 

iii  .V  n»  ike  new  provi- 

II  10  cjreum- 

\\('  L-Miriiunders 

Ives 

jons 

.  or 

the 

Sttt- 

Lhcr, 


Mr.  justice  Duller;  Mr.  justice  Grose ;  and 
others  of  his  majesty's  justices,  &€♦ 

Thomas  Hardy,  John  Home  Tooke,  Job 
Augustus  Bonney,   Stewart  Kyd,   Jeremia 


they  are  to  find  to  day.  An  interpretation, 
shifting  with  every  gale  of  accident,  may  pro- 
duce undefinable  terrors  in  its  niisemble  vic- 
tims, may  devote  its  authors  to  eternal  exe- 
cration, but  can  have  none  of  the  venerabh 
features  either  of  law  or  justice. 

Some  of  the  dreadful  consequences  in- 
volved in  this  loose  and  ttucttmling  interpre- 
tation, ^how  themselves  in  the  very  ncstl  sen*' 
tcnce. 

"  It  will  be  your  duty,'*  says  the  chief  jus* 
tire  to  the  jury,  "  to  examine  the  evidence 
oh  this  head  very  carefully,  and  to  sift 
it  to  the  bottom  t  to  consider  every  part  of 
it  in  itself,  and  as  it  stands  connected  with 
other  parts  of  it ;  and  to  draw  the  conclusion 
of  fact,  as  to  the  existence,  the  nature  and  ob- 
ject of  this  proposed  convention,  from  the 
whole. 

"  In  the  course  of  the  evidence  you  will 
probably  hear  of  bodies  of  men  having  been 
collected  together,of  violent  resolutions  voted 
at  this  and  other  njeetings,  of  some  prepara* 
lion  of  offensive  weapons,  and  of  the  adoptiofi 
of  the  language  and  manners  of  those  con- 
ventions fn  France,  which  have  possessed 
themselves  of  the  government  of  that  country. 
I  dwell  not  on  these  particulars,  because  I 
consider  them  not  as  substantive  treasons^ 
but  as  circumstances  of  evidence,  tending  to 
ascertain  the  true  nature  of  the  object  which 
these  persons  had  in  \'iew.'* 

Here  we  have  *.et  before  us,  in  the  most 
unblushing  and  undisguised  manner,  that 
principle  of  coiislructive  treason,  which  has 
upon  all  occasions  formed  an  object  of  exe- 
cration in  English  history.  Let  us  hear  what 
Flume  says  upon  the  stibject  in  the  farther 
progress  uf  that  very  passage  which  has  been 
already  quoted, 

•*  As  tins  species  of  treason,  discovered  by 
the  Commons,  *  in  the  case  of  lord  Strafford e,' 
is  entirely  new  and  unknown  to  the  laws ;  so 
is  the  species  of  proof  by  which  they  pretend 
to  6s  that  guilt  upon  the  prisoner.  They 
have  invent^  a  kind  of  accumulative  or  con- 
structive evidence,  by  which  many  actions, 
either  totally  innocent  in  themselves,  or  cri- 
mmal  in  a  much  inferior  degree,  shall,  when 
united  amount  to  treason,  and  subject  the 
person  to  the  highest  pcnaUJes  intlictcd  by 
the  law.  A  haily  and  iMifMinnlpd  word,  u 
rash  and  passionate  ai  i  Sod  by  the 

malevolent  fancy  of  the  ^nd  tortuicd 

by  doubtful  constructions,  is  transmuted  into 
tfiE  deepest  guilt,  and  the  Uves  and  fortunes 
of  the  whole  nation,  no  longer  protected  by 
jiistifc,  are  subjected  to  arbiti-ary  will  and 
plcttsure"  [p.  40:t.]. 

II  is  not  easy  to  conceive  of  two  passnge^ 
more  parallel  to  each  gtlwr,  than  the  dw 


223] 


35  GEORGE  III. 


Trial  ofTlifmas  Hardg 


[224 


Joyce»  Thomas  Holcroft,  John  Richter,  John 
Thelwall,  and  Juhn   Baitler,  were  arraigned 

tupon  the  followitig  indictment,  and  severally 

Lf  leaded  Not  Guilty. 

*  here  delivered  by  chief  justice  Eyre,  and  the 
condemtiation  pronounced  u^n  them  by 
v^ay  q\'  anticipation  by  the  illustrious  liume. 

f'Thus,  **  a  hasty  and  unguarded  word," — 
'  Adoption  of  the  language  of  the  convention 
in  Fmuce,'' — **  A  rash  and  passionate  action/' 

I — «  Violent  resolutions  voted  at  tliis  and  other 
meetings  —  some  preparation  of  offensive 
\i'eapon.s," — '*  Actions  either  totally  innocent 
in  themselves,  or  iriroinal  in  a  much  mferior 
degree"—**  I  consider  not  these  particulars 

I  as  substantive  treasons*^* 

Can  any  thing  be  more  atrocion?,  than  the 

:  undertaking  to  measure  the  guilt  of  an  indi- 

I  vldnal,  and  the  interpretation  of  a  pUin  and 
permanent  law,  by  the  tran&ilory  example 
that  may  happen  to  exist  **  before  "our  eyes  in 

^  a  neighbouring  country  ?" 

The  chief  justice  bpf^aks  of  two  sorts  of 

J  convention.      The  first,  "  a  convention,  in 

I  inntatiun  of  those  which  we  have  heard  of  in 

jyrunct',  in  order  to  usurp  the  government  of 

[tlic  country.'^ 

There  lurks  a  memorable  ambiguity  under 

^us  word  convention.     A  cunvcntiou    was 

I  no  long  lime  ago,  of  delegates  from  the 

II  burghs  in  Scotland,  to  consider  of  a 
reromialion  in  the  administnition   of  those 

[Ijurghs.    Of  this  convention,  the  present  lord 
Jsdvocate  of  Scotland,  among  others,  was  a 
llitember.      A   convention  was  proposed    in 
il7U0,  of  dele^tes  from  ttie  diflVreut  county 
I  ineetings  held  at  that  period.     Both   these 
l^conventions  were  consitlerably  more  furmi- 
idable  in  their  slruclurc  tlian  that  which  is  the 
taubjcct  of  present  animadversion.    The  royal 
jburghs,  and  the  meetings  of  freeholders  in 
tlbe  sever*il  counties^  consist  of  bodies  more 
[©r  less  recognized  by  tlie  constitution,  and 
x>S9essing  a    degree   of  inherent  authority. 
The  convention  proposed  in  the  present  in- 
[stance,  was  simply  of  delegates  from  the  dif- 
ferent societies,  vohmlariiy  associated  tor  the 
jrpose  of  parliumenlary  reform.    They  could 
05se&«   no  inherent  a'nihority*      The  per- 
ons  who  constituted  them,  must  have  been 
^ctuated  by  the  mo^t  perfect  insanity,  before 
they  could  have  dreametl  of    uBurpiiM^  tlie 
ovcrnmcnt  of  the  couritr}'.     No  delu.Hon, 
herefore,  can  be  more  gross,  than  an  attempt 
rfe  ityle*  us  chief  justice  Eyre  styles,  such  a 
convention  **  a  convention  of  the  people/* 

In  describing  his  first  sort  of  convention, 
^cdiief  Justice  roundly  affirms,  *' that  the 
project  of  svirh  a  convention,  and  any  one 
step  taken  towards  bringing  it  about,  such 
as,  for  instance,  consvdtalions,  fonniug  com- 
-nittces  to  consider  of  the  mean^»  or  acting  in 
^  bosc  commilteei^j  would  U-  «  case  of  no  dif- 
Istulty  ^  it  would  be  ll  ison; 

it  would  be  compa^  the 

king*f  death;  vxi  tiot  umy  ms  attain,  but  the 


INDICTMEIIT, 


MlddlueXj  {BE  it  remembered  that  at  a 
to  wit.      J    special   se^Mon  of  Oyer  and 


death  and  destruction  of  all  order,  religion^ 
and  laws,  of  all  property^  and  security  for  tlic 
lives  and  liberties  of  the  king's  subjects.'' 

There  i^  a  figure  m  speech,  yf  the  highest  use 
to  a  designing  and  treacherous  orator,  whict^ 
has  not  ;jet  perhaps  received  a  name  in  the  la- 
bours ot  Aristutle,  Quint illian,  or  Tarnaby. 
I  would  call  this  figure  encroachment.    It  is 
a  proceeding,  by  which  an  affirmation  is  rai»- 
deslly  insinuated  at  first,  accompanied  with 
considerable  doubt  and  qualification ;  repeated 
atlcrwards,  unaccompanied  with  the^e  quail* 
fications ;    and  at  last  asserted  in  the  most 
peremptory  and  arrogant  lenns     It  is  thus 
that  chief  justice   Kyre  expresses  himself  re- 
specting a  **  conspiracy  to  overturn  the  mo- 
narchy."   It  is  first  a  trea-son,  "  not  declared 
by  the  statute  25  Edward  3rd ;"  a  ireasoi^ 
**  Nvhich  nu  lawgiver  in  this  country-  has  ever 
ventured  to  contemplate;'*  a  treason,  *' not 
I  restmg  for  its  authority  upon  any  law,  pro- 
I  cedent^  or  adjudged  case."     It  is  not  this 
thing,  nor  it  is  not  that ;  "  the  *etJUw  rcf  ni 
spoken  of  by  some  of  our  ancient  writers,  bul 
I  which  is  no  part  of  our  law,  seems  to  come  the 
I  nciirest  to  it,'*  but  will  not  apply,    **  the  par- 
ticular nature  of  the  traitorous  attempt,  will 
fall  within  one  or  other  of  the  specinc  irea* 
I  sons  of  the  statute  of  Edward  iJrd."  A  strange 
\  crime,  wijit h  the  judge  knows  is   provided 
■  against  by  tlje  first  or  the  second  principal 
I  clause,  but  is  unable  to  determine  w nether  it 
I  is  by  the  former  or  the  latter!    Afterwards 
I  the  chief  justice  speaks  of  it  with  less  hesi- 
I  tat  ion  ;  and  at  las  t^  as  we  have  seen,  aiErms 
it  to  be  *^  a  case  of  no  difficully,and  the  clearest 
I  hid^  trcasitu.'^ 

Can  any  play  upon  words  be  more  oon- 
templiblc,  than  that  by  which  the  chief  jus- 
tice, finding  the  king's  death  the  subject  of 
one  of  the  clauses,  and  determined  to  trace 
at  least  some  remote  analog>'  between  that 
and  the  subversion  of  the  monarchy,  describes 
the  latter  by  the  appellation  of  *'  tlte  death 
and  destruction  of  all  ordcr,religion,^'c.^c,  T* 
The  second  sort  of  convention  in  chief  ius- 


1 


ticc  Eyre's  arniugement/isaconvent 
not  intending  to  usurp  the  coven  i- 
country,  **  has  for  its  sole  object  t 
a  change  in  the  mode  of  repri 
llsc  people  in  parliament,  and  tl^.  i  ...jt^ 
that  p^liamcnts  should  lie  held  aimually* 
And  here/*  says  the  chief  justice,  **  there  is 
room  to  distinguish.  Such  a  project  of  CQIlf 
vention,  taking  it  to  be  crimiiiHl,"— 

"Taking  it  to  be  criminal!"  Was  crer 
postulate,  more  cjttraordinarj',  or  more  iotoU 
erable?    Did    ever  judge,   -  the 

bench,  previously  to  ttus  iu^t  :io 

whole  question ;  ii!'  '  h* 

out  the  ¥ihadow  ct  ur 

uuncupatory;  Stfttulc  or  rL'^>orij  Inc  wuuit;  vlU 


fihe  conn 
county  on  1 

ID  ll 

ver 


^/Ir  Wi^A  Treusan* 

T of and 

4t  the 

in  the 

,ii  day  of 

liUh  jfcar  ot  the  reign 

'•  eorge  the  Third  by  the 


A.  D<  lT9i. 


[92G 


ninsJity ;  and  then  proceed  at  his  leisure  to 
liilfiiwte  the  issumed  cnmitiality  into  all  its 
tffefcot  degrees?  Meanwliite,  alter  this  toud 
I  p^ff,»,.,vir,»'X'  «r,-.,r»i.|e,  the  chiefjustice  is 
nc  $ort  of  convention^ 
^**  -I  iiiality/'  **  a  convention, 

insg  i  object  a  dutiful  amJ  peace- 

ibla  api  to   parliament  by   petition^ 

caoOQt  oi  ttjich  be  runkcd  among  Uiis  class  of 
afatircs/''     tie  darc!»  not  jiti^rm  tliat  it  is  to 
Ited  among  any  class  of  offences  what- 
^_^f,— Bui  to  proceed  to  the  distinctions  he 
^dltlttlcfis  to  enumerate. 

thm  int  sort  of  '*  Convention  ^  which  has 


liritf  oljtcc  U^> 
mkn^f  and  that 

eol. 


rj^  a  parliiimentary 
V,  is  a  convenlioD, 
lit  the  authority  of 
ijrpose"  usurping, 
llinctionsof  legis- 
isticc  determines, 
^  us  in  the  preeed- 
be  high  treason   in 


,JUL. 

*'  woutd 

/one  of  the  actors/^ 

hhtr  Ihia  bboriousdiscuswon,  chief  justice 

Eyie  U  DQt  yet  salistied  that  he  has  framed  & 

CVMlrocUofi^  strong  enough  to  ensnare  the 

XKmr  under  confinement.      He  has 

inction  upon  di^tinclioo.    He  has 

^       ^  at   least  live    or    si 35    ditTerent 

^f  licason,  not  found  in  the  direct 

ia  o/^.Edward  3n\  or  in  the  remoter 

i '^  "^V'^r  -    nd  Hale;  not  supported, 

c  ses,  by  any  law,  prece- 

,ojr  i„^j««g,^^  ^^:>c.     But  all  this  he  does 
ui  tliii  iBcr#  nntanoeto  of  lii^  power.    If  any 
af  Ibe  pmmmm  now  under  caiiTmcmevit  had 
1  accMlnllitg  to  all  the  itnumcrations  of  hh 
cases,  it  muy  satt  tv  t»e  atlirraed, 
I  n  a  charge  of 

. .>r  beacquiltol* 

t  ibe  cht*-  >  lU>  confesses,  that 

mg  to  any  one  of 
i€M**  in:  Loti  of  fiction^  hypo- 

lhMb>  on*  i!«  brought  tbrward 

Jor  llie  »*.'ic  i»uri  "'    r  uf  convmcing  us 

•I'lhvilliparallel*  >  of  the  lord  chief 

joitiR    -  •   *^''  ^^  ^  court  of  Common 

Fl«i»i  r    the   imaginations,   to 

'  nation. 

I,  aj)d  if 

iiuuld  be 

m]  be  tlic 

^4i>  aiid  severe,  it 

Hon  I 

.    having    hitherto 

i»  nut  to  the  pur- 

I    '     mrUter  in 

M^enuity, 

ir^^M  liJ^  ari%  uuu  uts^iuy^  iiih  uUaoat  in* 

VOL  XXIV, 


JjL^t   I 


btliicfrs 


pace  of  Cod  of  Great  Britain  France  and  Ire- 
Jand  king  defender  of  the  faith  and  S0  forth 
before  the  right  honourable  sir  James  Eyre 
knight  chief  justice  of  our  said  brd  the  king 
of  ins  court  of  Commun  Pleas  the  right  ho* 
Qourable  sir    Archibald    Macdonald    knight 

Irepidity  of  countenance*  This  part  of  the 
case  ib  opened  as  follows  : 

"Whether  the  projectof  a  conTention^  having 
for  its  object  the  collecting  together  a  power 
which  should  ot'eravve  the   legislative  body, 
but  not  suspensl  il,  or  enhrelv  determine  its 
functions,  if  acted  upon,  will  also  amount  Xq 
high  treason,  and  to  the  specific  treason  of  J 
compassing  and  imagining  the  ktng*s  death^  [ 
is  a  more  doubtful  "question.     Thus  far  is 
clear :  a  force  upon  the  parliament^  must  be 
immediately  directed  agwnst  the  king.    It 
must  reach  the  king,  or  it  can  have  no  eifecC  | 
at  all.    The  laws  are  enacted  in  parliament ' 
by  the  king's  majesty,  by  and  with  the  advice 
and  consent  of  the  Lords  and  Commons  ia  [ 
parliament    assembled.    A   force    meditated  < 
against  the  parUainent,  therefore,  is  a  force 
nieditatcd  against  the  king,  and  seems  to  fall  I 
within  the  cases  de&cribed.*' 

Nothing  can  be  more  jgross  to  the  view  of  I 
any  one  who  will  attentively  read  this  pam*  [ 
^pb»  than  its  total  want  of  all  definite  andi 
inlelhgible  meaning.  The  chief  justice  talkf  ] 
of  "  collecting  together  a  power,*'  and  of  •*  * 
force^'  exercised  upon  t!ie  parliament.  What] 
IS  here  intended  hy  the  words  power  and  1 
force?  Under  ihe  kindly  ambiguity  of  these, 
words,  the  chief  justice  seems  very  willing  to  i 
slip  upon  us  the  idea  of  an  armed  power  and  { 
a  military  force.  But  this  can  scarcely  by  any  ' 
construction  be  reconciled  to  the  idea  of  ftj 
convention.  An  army  of  delegates  wasa^l 
idea  reserved  for  chief  justice  Eyre  to  intro»1 
duce  into  the  world.  Well  then:  let  us  sup*  j 
pose  that  arms  and  violence  are  not  intended; 
yet  the  chief  justice  says,  that  tlie  project  of  a 
convention  has  for  its  ol  ject  ^'  the  collecting  I 
together  a  power,  which  should  overawe  tlia  1 
legislative  body/'  This  word  is  still  more] 
ambiguous  thin  any  of  the  rest.  What  are] 
we  to  understand  hy  the  phrase  "  to  over-  1 
awe?"  Awe  in  its  true  acceptation  has  always  J 
been  understood  to  mean  defereuce  or  ro-l 
spect.  It  cannot  mean  any  thing  else  hcre^I 
since,  as  we  have  already  seen,  armed  powef  ] 
and  military  force  arc  out  of  the  question,  j 
i3ut  in  this  sense  what  is  the  object  of  every  j 
species  of  convention  or  pohtical  associatioc 
whatever  ?  It  is  always  ij) tended  to  produce  1 
deference  and  respect.  Thua  the  chieljtistice  j 
very  properly  observes,  that  "  a  convention,! 
having  for  its  sole  object  a  dutiful  and  peace-.! 
able  applicalion  to  parliament/'  dees  not  fait] 
to  find  tlmt  application  attended  with  "  ro^] 
spect  and  cre<lil»  iu  propof  tion  to  its  uuiverw 
fiality/'  Indeed  there  ran  be  no  doubt,  thall 
there  arc  but  two  ways  of  oper:'  a* 

men's  ci^ndurrt,  the  one,  bv  cihihr 
tneuts  caLsuieiled  to  prtivail  upeu  iu^u  vv«ck' 
Q 


2S7J         S5  GEORGE  IIL  Trial  of  Thomas  Hardy  [228 

chit  f  liainii  of  our  Mtid  lord  the  king  of  his  I  able  sir  Nash  Grose  knight  one  of  the  justices 
rum i  of  I'.xrhcqutT  llio  hunonruMc  sir  Deau-  I  of  our  said  lord  the  king  asMgned  to  hold 
inont  llotliain  knij^bt  oiicof'tlic  barunKofour  I  pleas  before  the  king  himself  the  honourable 
f«aicl  lord  tlir  kiiii' Of  his  ^aid  court  of  Kxchc-  |  sir  Souldcn  Lawrence  knight  one  other  of 
qiitT  the  lioiiourublr  sir  IVaiicis  Hiillcr  bartiiiet  :  the  justices  of  our  said  lord  the  king  assigned 
oiUMifilirjnMirrs  iifoiir  said  lord  Ihc  king  of  .  to  hold  Picas  before  the  king  himselT and 
his  said  ronrt  of  (  oiunion  Picas  llic  honour-  |  others  their  fellows  justices  and  commissioners 

incIiu;ilinM>i  and  coiivinion,  tlir  other  a  per-  fvcn  he  hesitates  to  decide.  He  dares  not 
rciviu;;  liow  murh  the  ihiuj:  nM|uircd  accords  |  aver  the  proceeding  described  in  it  to  be  tiea- 
willi  ilir  sMisc  of  nuiiMTous  lutdics  of  men,  |  son.  Well,  then;  what  is  the  remedy  he  pro- 
iinti  luulirs  oi  men  entitled  to  eminent  i  redit.  i  po*;cs?  Surely  anew  act  of  parliament;  the 
Suih  hem,:;  llie  Mihstaiue  ot  the  luosl  ina-  .  rrniwly  prescribed  by  the  act  of  Edward  Sid, 
lerial  para<:rii)ili  in  the  chafire  to  the  grand  i  '' in  cases  of  treason,  which  may  happen  ia 
jury  Jet  Us  >eeiu  xvii.it  maniur  tluspar;(>;r;iph  !  time  to  come,  but  which  could  not  then  h% 
is  ViUif  liuli  d,  and  what  are  the  inferences  '  thought  of  or  declare<l."  No  such  thing, 
drawn  iVom  it.  NN  hal  is  the  Ireaimenl  due  |  V\^i\  this  case,  which  he  does  not  venture  to 
to  tliis  lurce  which  is  no  force;  thiscollecling  I  pronounce  to  be  treason,  he  directs  the  grand 
toi;i'llur  a  power,  unarmed,  and  entitled  to  jnry  to  find  the  bills  to  be  true  bills!  He 
credit  onlv  for  its  univvTsaliiy  ?  \N  hat  shall  tells  them,  "  that  it  is  tittinp:  that  this  case," 
he  done  to'  the  uien  \\\\o  thus  overawe  the  j  w-hich  he  *'  states  as  new  and  doubtful,  should 
K'jjislative  hi  dv.hy  eNciiiiij;:  its  defeniice  and  :  be  put  into  a  jinlicial  course  of  inquiry,  that 
respect:  or.  faihnji  this,  do  lu't  overawe  it  at  j  it  mav  receive  a  solemn  adjudication,  whether 
«ll,  m  isuMich  as  I  hey  have  no  power  to  in-  j  it  will  or  will  not  amount  to  high  treason  !'' 
force  I  hm  demindsr*  "Wlulluror  no,"  as  ;  The  chief  justice,  in  this  instance,  quits 
chief  justice  Kyre  sai:;uiously  ohM-rves  "  the  !  the  character  of  a  criminal  judge  and  a  civil 

IMoiri  I  i»f  >ui  h  a  coiuention  wiil  amount  to  m.inistrate,  and  assumes  that  of  a  natural 
tich  lie.i>on.  is  a  more  iloulittul  question."  '  philosopher  or  experimental  anatomist.  He 
He  adiU.  ••  m  this  ease  it  iloes  not  np|«e.ir  to  is  wilhng  to  dissect  the  persons  that  shall  be 
inr.  tliHt  I  am  wairanted  hv  lix  .»uthuuiies.  to  hr on i^ht "before  him,  the  better  to  ascertain 
Male  to  you  as  cic.ir  law,  that  the  mere  con-  the  truth  or  t'd^chood  of  his  preconceiTcd 
spir.icv  to  raise  such  a  torce"  Lrecvltect  \\\\a\  conjectures.  The  plain  English  of  his  rccom- 
li.is  been  Siiid  u,mu  llie  nature  of  this  torcel,  .  inciidation  is  this:  ••  Let  these  men  be  pot 
••  and  tne  enleriui;  u»tocoi^suii.iti*.ns  ro*ptvi-  upon  trial  for  their  live*:  let  them  and  their 
inj;  It.  will  alone,  and  wiil'o'.ii  .ulualK  r.ii>in:;  friends  throujih  the  remotest  strainers  of 
the  f-rce,  ei'nsislutc  tiio  cr'.m-.  C'f  h  ih  irtaM  Ti.  ceiMUxion.  be  exposed  to  all  the  anxieties 
>Vli.it  tl»e  l.iw  i*  ui  tli,*t  c.iso.  ,ui'i  \\\\.\\  \\\\\  incident  to  somicortiin  and  fearful  a  condi- 
be  the  etKMoftl.e  o;rc!m»si..!u-e  i  ♦  the  Iv-rre  tii  :i :  !et  them  be  exposed  to  ignominy,  to 
bein;  i!uis  nuVi;:atcd.  wiilhc  l^t  lo  Iv  s^-  oM.r-.:y.  to  :ho  part ialilics,  as  it  may  happen, 
lemnix  considoied  a-.u;  dtlermiiud  wnen  the  oi  a  prcjuaicoi  judge,  and  ihe  perkcrscness  of 
case  stu!'.  .iriM."  an  liiivr-int  jury  :  wc  shall  then  know  how 

Here  t'-.v*  c:iu  r" -iisti.-;'  sivmK*  with  .i  ^r'^vcr  we  or.: it  to  conceive  of  similar  cases.  By 
devT'ce  or"  0  o.*cs:\  an.l  p:e\  mliv^'.n  so  i.-.r  .i-i  tr.uvp  .1.^  ujhmi  their  peace,  throwing  away 
rc.itc^to  :*:•.•.•  >!r.';\.^i\i  spirit  if  the  per'^ous  tin::  ..^I's  or  sj^irting  with  their  innocence^ 
u:u?. '  I V :  :;  v.  '.cit :  b.il  w  :'.en  l:e  h.isoiV  >'vn  we  *:;.:::  eht.iin  a  b  isis  up\>n  which  to  proceed, 
to  :.-•:'•;•  :;-.;'% ■.=*»•/.:.  :u\  ::i  r.is  uv.ul  m.i:ir..7  a:iii  a  v rev c dent  to  guide  cur  j'jdgment  in 
i!vr.      .1^  ,4   \  .r..i:..'M    :-.:o    tic    >t.iltnu:;t.     tii:-..ro  i;;>t i:k-c>." 

"  \\  ■'.  ^.  is  r:\Lps  {-  '\\*:v.2.'  s.t\x  i.e."  11  l.::s  is  a  scrl  of  Unr^i^?  which  it  is  im- 
\  0; J  :•  .■  •.  >N-  v .  r-» :-  ^  . . .  \ . .  v  i> ;  a\  >u  ; :;  a  J  e-  p '  -  -  ■  i  -c  I  .>  .-cv  ol  :ev'  t  v  st  ta  u!  horror,  and 
>-H..*:\:  ."  :.  ,•  c  .rj.fs  ». :  i  i.-  're.,-..:-!  are  «:..:*»  >ec:n>  Wv^rthy  or"  t;:c  '-jviicul  minister? 
c:.. :;  .1.  \'  n-..»  :.:.L  :■■  ■  ..ji^^:  i;.i:u  v.\  :\\  <:  I. U" :;*.;>  i-r  Nero  I:  ar-i:f<,  1:  the  speaker 
I  :.i'.  ^  V  .■  ".  ".  ■•.  -.  ..*■...;  k'  \.-^  c\:r.i..:.;;-  u-.i-iiT-t^^.v!  r.is  c.*:i  n'ifdnir.c.  •  r  if  ihe  p^per 
rv\  :•.  •.  •  ,  :  c  1*..:  ^ .:  -1-  txiirv  ..r.  :  .*•  t<:  -e  :r.t''  :  .i- :.i:tr.rv.".y  r»:  pried  :♦,  the  mon 
ll-.e  I  c  ^:,  ^  \i:\  »:  .-.  .  .  .■  :'*v  x..:  .:>.:;■•.  !- ^:.!  ....  r ■::•::. vC  \:  r.uiv.xT.  rj:p:::es5  and 
;iK,i-^:  ■*.^-   ■■   ^.i*"-.  ^*     <^'i  -*..;■  :.    )^..      :  ...-.'^z  ..'V.     A.cr.'::*-   to   t:.:*   inethod   of 

.in  I-...*  .  ' '.  .  -f,  ^   ..    :  K-    : -..i     ;-:.::- a:*.  ".'.w«.  :  re.f.'tv.ts  c.i^<*>.  .i!>d  reports 

\v.\   ..  .'.    .        *  :.    ■■.•...".::".■  i.      A--;    «."".,;.■■    ' 

re,.  »;    t'     ..•/.a,.    ...\"  ,:.>•:*.   i:  .:  «...     ;   ..:^ _.>  .- 

*•:  *>  .    : '. '..      ^.■.  :-•-  .'-  ■•.  r".r«*r  N*iy  ..  ■ 

i:   >  .      .::...:■.■:  \c  .^  ..r  .  :^    \:  —  ,r:     .■     '  :  ..!  -V- . . 
aV  v—.-  :.  ;  i-".  ■."■:  •. :  iv  -  ^    '   ::..'■*-        >.:i  \  .:  ^» 

r.:v-    '     ■      V  ...  i.  ::^  ;  :ri:  »>:  .»i-^-^        ^z:    ;..  ■^-.  i*    ,- 

>^v;s  ^ :  •.:..!-  : ,  -^^.  kv*.  .-.i  •T-icci  r.*  *c^iA>    r.: :iz  ;.  ;.."  u>  uiVuXT .i  r.f^r  r.  .i  <:  chauiULK 
c.±NV'.-.:  >   AS  ir<,  4::i  pinraaffcrn.y  u  i**t»    Uw.  :t  he  act  brt?er  «>«fn;ciT  to 
but  «euch  lie  ali  t^  bmr  cxriSoKS  ci  ha  ?  th&t  U«  ia  tbe  two  Hcw«s  of  "" 
M«aMCiBittBi^coHtts%i«cr         -viKh    tfaMto  iiArii  to  be  awdc  cvt  of 

i 


•'\  .■■■ 

!  '.re    ; 
: ::  :.  f 

•in;; 

n^  a  lew 
z^.yrii  and 
sua  of  a 

...1 

•.:'  r-, 
:f  r.: 

:l  cf  the 
;:::^s:er*  •f 

r.  if  tber 

229] 


far  High  Treoioiu 


A.  D-  1794. 


[230 


of  our  sud  lord  the  king  assigned  by  letters 
patent  of  our  said  lord  tlie  king  under  his 
^cat  seal  of  Great  Britain  made  to  them  and 
others  and  any  three  or  more  of  them  (of 
whom  one  of  them  the  aforesaid  sir  James 
Eyre  air  Archibald  Macdonald  sir  Beaumont 
llotbam  sir  Francis  Buller  sir  Nash  Grose 


stnictions  of  old  statutes,  contraiy  to  all  law 
and  precedent,  and  contrary  to  the  security 
and  liberty  of  the  subject. 

In  Ireland,  some  time  ago,  it  was  thought 
proper  to  bring  forward  a  convention-bill, 
declarine  such  proceedings,  as  are  the  subjects 
of  the  "rorced  constructions  of  chief  baron 
£yre^  to  amount  to  high  treason.  When  the 
Habeu  Corpus  act  was  suspended  in  England^ 
we  were  given  to  understand  that  this  pro- 
ceeding was  thought  sufficient  for  the  present, 
and  that  a  convention-bill,  similar  to  the 
Irish,  and  other  severe  measures,  were  re- 
senrcndl  to  be  adopted,  as  the  case  might 
require.  This  fallacious  show  of  lenity,  now 
turns  out  to  be  the  most  unprincipled  tyranny. 
Mr.  Dundas  and  others  talked  in  the  last 
session  of  parliament,  of  bringing  home  the 
Scottish  pnnciples  of  jurisprudence,  if  need 
were,  to  England,  and  renaering  associations 
and  conventions  a  subject  of  transportation  to 
Botany  Bay.  Tliey  have  since  refined  upon 
their  plan,  and  carried  the  law  of  England, 
or  what  they  are  pleased  to  call  so,  into 
Scotland,  rendering  these  offences,  real  or 
imaginary,  a  subject  of  the  penalties  of  high 
treason.  Such  have  been  the  incroachmcnts 
upon  the  constitution,  by  men  who  have  the 
audacity  to  call  themselves  its  champions, 
that  a  man  who  should  have  pretended  to 
ibretel,  from  six  months  to  six  months,  the 
measures  they  would  think  proper  to  pursue, 
would  have  been  laughed  at  for  the  improba- 
bility and  utter  absurdity  of  his  talc.  Britons 
will  at  length  awake,  and  the  effects  of  reason 
and  conviction  upon  them,  will  not  be  less  j 
ibrmidable  or  Icas  unacceptable  to  their  op- 
pressors, than  the  effects  that  might  flow 
from  a  course  of  violence  ! 

I  have  hitherto  abstained  from  saying  any 
thing  respecting  the  personal  characters  of 
the  men  now  under   accusation.    If   their 
abilities  be  as  rare,  and  tlicir  merits  as  high  as 
their  warmest  admirers  can  conceive  them,  it  , 
would  »till  be  forei,:;n  to  the  question  I  propose 
to  consider.    If  they  be  men,  exceptionable 
in  their  character,  ambiguous  in  their  designs,  , 
and  mischievous  in  their  counsels,  that  also 
ought  to  be  put  out  of  the  consideration.    The  . 
£ugii>h  constitution  is  strong  cnousrh  to  dis-  \ 
arm  all  the  adversaries  of  the  public  peace,  ' 
without  its  being  necessary  for  that  purpose  < 
to  destroy  its  very  essence.    Twelve  men  are  i 
apparently  concerned,   but  the  liherlies  and  i 
happiness  of  all  are  ai  stake.     If  these  new  i 
treasons  }>e  established,  we  may  say,  as  the  ; 
pariiameut  of  llenrv  the  fourth  did,  speaking 
of  the  new-fangled  treasons  under  llichard 
thesecosid,  that  <' no  man  can  know  how  he 


and  sir  Soulden  Lawrence  our  said  lord  the 
king  willed  should  be  one)  to  inquire  by  the 
oatli  of  good  and  lawful  men  of  the  county  of 
Middlesex  of  all  high  treasons  in  compassing 
or  imagining  the  death  of  our  lord  the  king 
levying  war  aj'ainst  our  lord  the  king  in  his 
realm  or  in  adhering  to  the  enemies  of  our 

ought  to  behave  himself,  to  do,  speak,  or  say, 
for  doubt  of  the  pains  of  treason"  [Black- 
stone,  book  i  v,  chap.  6,  p.  86].  The  construc- 
tions of  chief  justice  Eyre,  and  the  special 
conimission,  put  a  perpetual  bar  to  all  asso- 
ciations, delegations,  ard  consultings  respect- 
ing any  species  of  grievance.  Will  any  man 
venture  to  say,  tliat  we  shall  never  stand  in 
need  of  these  expedients ;  or  shall  we  consent 
for  all  time  coming,  to  hold  every  possible 
reform  and  amendment  at  the  mere  will  of 
tlie  administration?  If  these  principles  be 
established,  utterly  subversive  as  they  are  of 
the  principles  of  the  English  government, 
who  will  say  that  we  shall  sUip  here  ?  Chief 
justice  Eyre  says  to  day,  *•  all  men  may,  nay, 
all  men  must,  if  they  possess  the  faculty  of 
thinking,  reason  upon  every  thin<r,  that 
sufliciently  interests  them  to  became  an 
object  of  their  attention;  and  among  the 
objects  of  attention  of  freemen,  the  principles 
of  government,  the  constitution  of  particular 
governments,  and,  above  all,  the  constitution 
of  the  government  under  which  they  live, 
will  naturally  engage  attention  and  provoke 
speculation/*  But  who  will  say  how  long 
this  liberty  will  be  tolerated,  if  tlic  principles, 
so  alarmingly  opened  in  the  charge  to  the 
grand  jury,  shall  once  l;e  e^^tahlislieil  ?  This 
IS  the  most  iinportmt  crisi'*  in  the  history  of 
English  liberty,  th.il  the  world  ever  saw.  If 
men  can  be  convicted  of  hi,;li  treason,  upon 
such  cuustmctions  and  inq>li<-.itions  as  are 
contained  in  this  charge,  we  may  loj;k  with 
conscious  superiority  upon  llie  republican 
speculations  of  trance,  but  we  shall  certainly 
have  re<ison  to  envy  the  milder  tyrannies  of 
Turkey  and  Ispahan. 

Trom  what  has  been  said  it  appears,  that 
the  whole  proceedini^s  intended  in  ttie  present 
case,  are  of  the  nature  of  an  vx  post  facto  law. 
This  is  completely  adinillul  bv  the  chief 
justice.  In  sinnmin^  up  the  (i.lfinijt  parts 
of  his  char^jo,  he  enunicratj>  tiuce  c.ises,  in 
the  first  of  which  he  directs  the  i:r.iiil  ,iny  to 
ttirow  outthe  bills,  and  m  that  ot  tiu*  Uvo  last 
to  find  theni  true  bills.  Oik;  k^(  tlu-^e  two 
relates  to  chief  justice  1-Are's  \\k  w  tn  .isun  of 
"  a  Conspiracy  to  subvert  the  in.Jiianhy," 
a  trcavm  wliicli,  he  says,  is  not  drclaiod  by 
th(*  statute  of  Kdward  o<l.  and  n«)  1  .nv^imt  in 
this  country  Da^ever  vcnUircd  to  (  uijl'':ni.l.itc. 
Tiie  other,  **  that  of  ovrrrvnu  p  niiiinoot," 
he  states  to  be  a  new  vuj'I  dwulili'iil  ( .i^e,  and 
reconnnends,  that  it  -imuhl  be  *'  put  into  a 
judicial  course  of  enquiry,  t...it  it  may  receive 
a  solemn  adjudicalioii  win  t  her  it  will  or  will 
not  amount  to  high  treason." 

Thus  it  is  ful^'  admitted^  respecting  the 


35  GEORGE  UL 

ud  lord  the  king  in  his  realm  giving  lo  iljem 
§wd  and  comfort  in  his  realm  orelaewhcrc  and 
lof  all  misprisions  otsij  lb  h  i^h  treasons  as  afore- 
laaid  or  of  anv  of  thtm  withm  the  county  afore- 
[said  (he  well  withm  liberties  as  without)  by 

irhorotjoc^vcr  and  in  what  manner  soe»er  done 
L committed  or  perpelrated  when  how  and  after 
I  lirhat  manner  and  of  all  other  articles  and  cir- 
tcumst3i)ces  concerning  the  premisses  and 
livery  or  any  of  them  in  any  manner  what- 
I  aocver  jmd  the  said  treason  and  misprisions  of 

treasons  uccordin^  to  the  laws  and  customs 
1  of  Ensbnd  for  this  time  to  hear  and  dctcr- 
|ininc  by  I  he  oath  of  Benjamin  Winthrop  es- 

? aire  John  llcnry  Schneider  esquire  Enward 
ronside  f squire  Benjamin  Kenton  esquire 
iKawson  Hart  Boddam  esnuire  John  Aris  cs- 
[fliure  VVilham  Pardoe  A  lie  It  esquire  John 
I  Jerry  e^^^uire  Henry  Peter  Khuff  esqnire 
[Thoma*  Winslow  esquire  Thomas  Cole  es^ 
l^uire  Samuel  Hawkins  esquire  George  Ward 
j  Cfiquire  Thomas  Boddam  esquire  Joseph  Lan- 
Icftster  Cf^quire  Kotiert  Wilkinson  esquire 
[Ceorgc  Oiiiway  Mills  esquire  Ucnry  Wright 
I  esquire  John  Hatchet  esq m re  Rowland  Sle- 

l  persons    now  under   accusation,   that    they 

'  could  find  no  reason,  eitlier  m  the  books  of 
©ur  law,  or  of  any  commentators  of  received 
authority,  to  suppose  that  they  were  incurring 

I  the  guiit  of  treason.  '*  The  mark  set  upon 
this  crime,  the  token  by  which  it  could  be 

(discovered,  lay  entirely  concealed:  and  no 
liuman  prudence^  no  human  innocence,  coutd 

\  save  Ihem  Trcm  the  destruction  with  which 

'  iliey  are  at  present  threatened"    [liuinc,  vol. 

I  vi^  ch.  liv,  p.  404]. 

It  is  pretty  geueraUy  admitted,  that  several 
of  these  persons,  at  least,  were  honest  and  ' 
•rcH-intentioned,    though     mistaken     men. 
Punishment  Ig  awarded  in  human  courts  of 
justice,  either  according  to  the  intention,  or 
the  mi*.chief  committed]    If  the  intention  be 
alone  to  be  considered,    then  the  men  of , 
%rhom  I  sytak,  however  unguarded  and  preju-  I 
dicial  tlicir  conduct  may  be  suppo<»ed  to  have  I 
been,  must  on  that  i^round  be  infallibly  ac- I 
quilted.    If,  on  the  other  hand,  the  mischief 
incurred  be  the  sole  measure  of  the  punish- 
ment, mt  are  bo»md  by  every  thing  that  is  ' 
0iicr«d  to  proceed  with  rehic lance  and  regret. 
l^et  it   be  supposed,    Uiat  there  are  cases, 
^herc    it   sliall    be  necessary,   tlvat  a  well 
desianinc  man  should  be  cut  off,  for  the  sake 
of  the  whole.    TIic  lea^t  consideration  that 
irccan  pay  in       ': '  r  '  -  -     is,  to 

warn  him'of  I  mi  lo 

H3ut  so  much  as  the  knowledge  of 


Trial  of  ITtomai  Hardi^ 


[232 


the  trials  to  which  this  charge 

T    kinnv  ttiat    tin:    \\ii\'i*-  vviH 


I 

b  I 

lidn> 

hup  utiv  ii-i  *i  is  * 

•»bv  e.    He  has  al: 

0tt  mi:ic  js  tta  Ufi  or  pn;cedaut  fuc  Uiur 


phcnson  esquire  and  John  Campbell  e^uirc 
gocxl  and  lawful  men  of  the  coimtf  aforeMiid 
now  here  sworn  and  charged  la  \nqinr«»  for 
our  said  lord  the  king  lor  the  body  of  the  said 
county,  touchins;  and  concernmg  the  pre- 
misses in  the  Kaidleltors  patent  mentiiiucu  It 
is  presented  in  manner  and  fotm  as  fulloweth 
(Ibni  is  to  say) 

Middic^e^  to  wit  the  jurors  for  our  sove- 
reign lord  the  kin?  upon  their  oath  present 
that  Ihomas  Hardy  late  of  Westminster  in 
the  coutity  of  Middlesex  shoemaker  John 
IIorneTuokc  late  ofWimbWon  in  the  county 
of  Surrey  clerk  John  Augustus  Bonnev  late  of 
the  parish  of  Saint  Giles  in  the  Fields  in  the 
county  of  Middlesex  aforesaid  ^ntleman 
Stewart  Kyd  late  of  London  esquire  Jeremiah 
Joyce  late  of  the  parish  of  Saint  Marj-le-bone 
otherwise  Marybone  in  the  county  of  Middle* 
sex  aforesaid  genrlcman  Thomas  Wardlc  late 
of  London  gentleman  Thomas  Holcroft  late  of 
the  parish  of  Saint  Mary-le-bone  otherwise 
MaryL>one  aforesaid  in  the  county  of  Middle- 
sex aforesaid  gentleman  John  Richter  late  of 
Westminster  ui  the  said  county  of  Middlesex 

condemnation.  If  therefore  he  address  them 
in  the  fmnk  language  of  s'mcerity,  he  must 
say :  "Six  months  ago  you  engaged  in  mea- 
sures, which  you  believed  conducive  to  the 
public  good.  "  You  examined  them  in  the 
sincerity  of  your  hearts,  and  you  admitted 
them  with  the  full  conviction  of  the  under- 
standing. You  adopted  them  from  this  ruhng 
motive,  the  love  of  your  country  and  man- 
kind.  You  had  no  warning  that  the  measures 
in  which  you  engaged  were  acts  of  high 
treason  :  no  law  told  you  so ;  no  precedent 
recorded  it ;  no  man  existing  upon  the  taco  of 
the  eaith  could  have  predicted  Mich  an  inters 
prelation.  You  went  to  y  ^  '  '  with  a 
perfect  and  full  conviction,  (  lat^lcd 

upon  the  principles  ol'immuluui.  jMr^Mtc,  and 
that  you  had  oftnnded  no  provision  or  statutft 
that  was  ever  deviled.  I  tin-  iinl.*p  sitting 
upon  the  bench,  you,  ^\itiry, 

ever>'inhabilAnW*)f  the  i  '  !trilain, 

hrul  jUst  as  much  reason  to  conceive  tiu'V  wore 
incurring  the  penalties  of  the  law,  as  the  pri* 
soners  at  \he  bar.  This  is  the  nature  of  the 
crime;  these  arc  the  circumstances  of  tlie 
case. 

*•  And  for  thts^  the  senteoce  of  the  court 
[but  not  of  tlie  law]  is,  Thai  you,  and  each  of 
you,  shall  bo  taken  from  the  bar,  and  ton* 

-■-■  ---ne, 
to 
hy 
'jti 
ru 
b© 
■ur 


veycd  to  thr 

und  from  the 

the  place  ot  t.v.ii.  ,..,    .,.,.. 

the  neck,  bvil  not  until  yui 

shall  be  taken  downilivr 

bers  shall  be  cut  i 

tnkrn  utit  nnd  hnr 

'Tcd  from 


tiU'fs,  whit  ii 
al;   and  the 

5ouu  r* 


I  then  be 
anr  to  be 
Lord  Imve 


at  I: 
lUCi' 


>iir 


J^r  High  Tnason* 


A.  D.  n^. 


[934 


Mittbew 
*  ta  tin?  rcwmtv 

I  lllfl  tout 


:te    of  Went. 

rsiiiuirsT.er  in 
lid  halter  and 

mx^w^t     lutr    HI     nil     j'.iiJ'^ii  ot    SuiDt    LCO- 

I SbMtditcb  in  til?  county  of  Middlesex 
[  lliliour^r  >uintr  <Mbj€rU  of  our  said 
tbe  king  t  \he  fear  of  God  in 

*licmrU  nor         ^      ^  ibc  duty  of  Iheir 
cc  bul  lift! tig  moved  and  seduced  hy 
^ligalton  of  the  devil  &i  false  traitors 
CKir  said  lord  the  king  tUeir  fcupreme 
lawful  and  undoubted  lord  and  wholly 
J  tlie  curdtal  love  and  true  and  dye 
whith  evf ry  tnie  and  htilhful  sub- 
TM     "  shovdd  and  of  right 

ibe^  id  lord  the  king  and 

janti  wiUKiiiinMr  strength  intending 
ly  lo  break   and  disturb  the  peace 
iMOItflon  Iranouillity  of  thi«»  kin^oni  of 
Bfh%in  and  to  Mtr  niuve  and  excite 
rebellion    'p  '    '^t  against  our 
mM  lord  Ihi;  king  wi;  i  ugdam  and  to 

AlwCft  am!  ?ihrr  the  '  ...  .  .lc  rule  and  go- 
1HMD>  tdy   ami  hti|»pily  established 

hAis  :  ^.  I  arid  to  depose  uur  ^aid  lortl 
tbl  Jbag  Jirvtn  the  royal  state  title  power  and 
gwnuiueni  of  this  kingdom  and  to  brtn^  and 

§ao  md  lard  the  kin^  to  death  on  the  first 
of  Hatch  in  the  thirty  third  year  of  the 
I  tS  oilr  Baverisien  lard  the  now  king 
CO  divert  other  daj*a  and  times  as  well 
'Ne  parish  of  Saint  Giles 
V  ul  Middlesex  aforesaid 
!HN»v  atiu  u.iiturously  with   force  and 
,A6  amongst  themselves  and  toother 
* -^  whose  names 


villi  4tf  eft  < 


DHUin  and  to 
tplaliironile  and  ^ 
fappUHp  estalilt'^l 

awr  iftfd  lor< 
wHttt  ar 

ai 


conspire  com- 
i>f^  move  and 
r  against 
ugdom  of 
ui  aitcr  the  le- 
K  now  duly  and 
•  this  ktngdinn  of 
^e  our  said  lord  the 
title  power  and  go- 
11  and  to  bring  and 
10  death    And  to 
o  eflfect  their  moat 
'  *    asonable  coro- 
said  they  the 
'^  ?oke  John 
I  ih  Joyce 
.     .  .^        *hn  Kicb- 
lohn  1  helvralt  Kichani 
Baxter  &«  such  false  tial- 
aa  afutr^aul  vtth  force  and  afm*i  on  the 
fe«t  dav  of  Mafch  in  the  thirty- third 
ija  BtMi  oo  dirtT%  other  days  and 
ta^weU  before  as  after  at  the  parish  of 
'**■      afefeaaid  io  the  county  of  Mid- 
malidmnly    and    traitor- 
eofiapaie  eooflult  and  agree 
m  and  iDgelher  witli  diven 
aie  toihe 


said  jurors  unknown  to  cause  and  proc tire 
convention  and  meeting  of  divers*  Mfh|f*rt'^  ^ 
our  said  lord  i^  tj  be  as9M 

held  within  till  n  with  hr. 

order  that  the  ptfM 
convention  and   x\\< 
wickedly  and  trailer  uu^ 
fiance  of  t  he  authority  a  i  { 

the  parliament  of  this  kiAi>....>...  ..-  .^...ujti 
alter  and  cause  to  be  subverted  and  alterc«i 
the  legislature  rule  and  government  now  duty 
and  happilr  established  m  this  kingdom  and 
depose  and  cause  to  be  deposed  our  said  lord  the 
king  from  the  royal  state  title  power  and  go- 
vernment thereof  And  further  to  fulfil  |jer<* 
feet  and  bring  to  effiect  their  most  evil  and 
wicked  trea.son  and  treasonable  com prt«s I ngf 
and  imaginations  aforesaid  and  io  i>rder  the 
more  readily  and  effectually  to  asaemble  such 
convention  and  meettug  as  aforct>nid  for  the 
traitorous  purposes  aforesaid  and  thereby  to 
accomplish  the  same  purposes  they  the  said 
Thomas  Hardy  John  Home  Tooke  John  Au- 
gustus Bonne V  Stewart  Kyd  Jerennah  Joyce 
Thomas  Wardle  Thoma^i  {ioltroft  John  Hith- 
ter  Matthew  Moore  John  Thelwall  Richard 
Hodgson  and  John  Hauler  a«  such  fdU(?tnut.om 
jisaJoresttid  logetber  with  divcrsothcr  fjlitirAu 
tors  whose  names  are  to  the  jurorsui  , . 

known  on  the  said  fir^t  diiy  of  Mu:  nj; 

thirty-third  year  a  I-  !  on  divers  other 

days  and  times  as  u  f  t^  after  with  force 

and  arms  at  the  parish  uJ  S:iint  Giles  afore* 
said  in  the  county  of  Middlesex  afofiei*a4tf 
maliciously  and  trailoroiisly  did  coui,  . 
and  write  and  did  then  and  there  matir; 
and  traitorously  cause  to  be  com  poser j  .md 
written  divers  hook§  pamphlets  leitets  in- 
structions resolutions  orders  declaiatinn!*  ad- 
dresses and  writiu|»3  and  did  then  and  there 
maliciously  and  traitoroubly  cause  to  be  ptih- 
hshed  divers  other  books  pamphlets  lettei^ 
instructions  resolutions  orders  declarations 
addreaaes  and  writini^s  the  said  books  pam- 
phlets letters  instriictioas  resolutions  orders 
declarations  addreitses  and  writings  so  rf« 
spectively  composed  written  pubhshed  and 
caused  to  t>e  comfiosed  written  and  published 
purporting  and  containing  therein  amone 
other  things  incitements  encouragements  and 
cxhortatioiis  to  in(»ve  induce  and  petaiiado 
the  subjects  of  our  said  lord  the  king  to  choose 
depute  and  send  and  cause  to  b*^  chosen  dc* 
puted  and  sent  peraons  as  delegates  to  com- 
pose and  eonsttlute  fuch  eoovehtion  and 
meeting  as  aforesaid  to  be  so  holdeti  as  afom- 
said  for  the  traitorous  purposes  iifnratakl  An$ 
farther  to  fulfil  perfect  and  liring  ta  tffeet 
their  most  erU  and  wieltad  Miicilt  aild  tft^ 
sonahle  corapaa«n»  wai  lifiagiwatioM  ifb^ 
said  and  in  order  the  tiH  t  affaiv 

tually  to  aasemhle  such  !  meai^ 

ing  as  aforeiaid  f'or  liie  uAiwrtm^  mtfumm 
af&«aid  and  tberal^  Id  wmmfflm  mm 
same  ptirpoM  thty  M  iild  TfmrimWm^ 
John  Horn  Tooka  hh 
StawmrtEy^JlililillilJiyw' 


TboniasHokroft  John  RichterMaUhew  Moore 
John  TbelwalJ  Kichard  Hodgson  and  John 
BciKtcr  as  such  false  traitors  as  aforesaid  on 
Oie  said  first  day  of  March  in  tiie  thirty-thnd 
year  aforesaid  and  on  divers  other  days  tmd 
times  as  well  before  as  after  with  foroe  and 
arms  at  ttie  parish  of  Sainl  Giles  aforesaid  in 
the  county  of  Middlesex  aforesaid  did  meet 
consult  and  dcbberate  among  themselves  and 
together  with  divers  other  fidse  traitors  whose 
names  are  to  the  j?aid  jnrors  unknown  of  and 
concerning  (be  calling  and  assembling  such 
convention  and  meeting  as  aforesaid  for 
tbo  traUurou^  purposes  aforcsiiid  aud  how 
when  and  where  such  convention  and 
meeting  should  be  asfemblcd  and  held  and  by 
what  means  the  subjects  of  our  ^-aid  lord  the 
king  should  and  mi^ht  be  induced  and  moved 
to  send  persons  as  delcjjales  to  compose  and 
constitute  (he  bame  And  further  to  fulhl  per* 
feet  and  bring  to  effect  their  must  evil  and 
wicked  treason  and  ti-edsoniiblc  compasssings 
and  imaginations  aforesaid  and  in  order  the 
wore  readily  and  eB'ectually  to  assemble  such 
convention  and  meeting  as  aforesaid  for  the 
traitorous  purposes  aforesaid  and  thereby  to 
accomplish  the  same  purp<ises  they  the  said 
Thomas  Hardy  John  Home  Tooke  John  An- 

fistus  Bonney  Steward  Kyd  Jeremiah  Joyce 
homas  Wardle  Thomas  llolcroft  John  Hich- 
ter  Matthew  Moore  John  Thelwall  Richard 
Hodgson  and  John  Bailer  as  such  false  traitors 
asaftrcsaui  together  with  divers  other  tahe 
traitors  whose  names  are  to  the  jurors 
aforesaid  unknown  on  the  said  first  any  ^i( 
March  in  ihc  thirty-third  year  aforesaid'und 
on  divers  other  days  and  times  as  well  before 
as  alter  with  force  and  arms  at  the  parifih  of 
8aiot  Giles  aforesaid  m  the  county  ot  Middle- 
sex aforesaid  maliciously  and  traitorously  did 
consent  and  agree  that  the  said  Jeremiah 
Joyce  John  Augu&tus  Bonney  John  Home 
Tooke  Thomas  Wardle  Matthew  Moore  John 
Thclwall  John  Baxter  Richard  Hodgson  one 
John  Lovett  one  William  Sharp  and  one  John 
Peariion  should  meet  confer  and  co-operate 
among  themselves  and  together  with  divers 
other Talse  Iraitois  who^c  names  arc  to  the 
said  jurors  unknown  for  and  towards  the  call- 
ing and  assc  tub  ling  such  convention  and 
meeting  as  aforc!!»aid  fur  the  traitorous  pur- 
poset  albresaid  and  further  to  fulfil  perfect 
and  bring  lo  effect  their  most  evil  and  wicked 
treason  and  treasonable  compassings  and  ima- 
ginations aforet<iid  they  the  said  rhomas 
Hardy  John  Home  Tooke  John  Augustus 
Bonney  Stewart  Kyd  Jeremial)  Joyce  Thomas 
Wardle  Thomas  liolcroft  John  Richter  Mat- 
tliew  Moore  Jolin  ThelwaU  Ricliard  Hodgson 
and  John  Baxter  as  such  talse  traitors  as 
aforesaid  together  with  divers  other  false  trai* 
tors  whose  names  arc  to  the  jurors  nfor**- 
said  unknown  on  the  fir>i 
the  thirty-third  year  atbn 
other  days  and  times  a$i  w^ 
with  force  and  arms  at  th*^ 
aforesaid  in  the  couuty  of  Hii^uic^cJi  mor^iaj^ 


Trial  of  Thomai  Hardif 

]  maliciotisly  and  traitorously  did  cause  and  pro* 
j  cure  to  be  made  and  provided  and  did  tnca 
I  anil  there  malieioubly  and  traitorously  consent 
and   agree   to  the  making  and  providing  of 
divers  urms  and  otlensive  weapons  to  wit  guns 
mubkets   pikes  and  axes  for  the  purpose  of 
armin!;  divers  subjects  of  our  said  lord  the  king 
in  order  and  to  the  intent  thai  the  -^umc  sub- 
jects should   and  might  unlawfully    forcibly 
ajid  traitorously  oppo!»e  and  withslaud  our  said 
I  lord  the  king  m  tl»c  due  and  lawful  exercise 
I  of  his  royal  power  and  aulhortiy  in  the  exccti- 
,  tion  of  the  laws  and  statutes  of  ihts  realm 
and  should  and  might  unhtwlully  forcibly  and 
traitorously  suhvert  anil  alter   and  aid   an<l 
a'^si^l  in  subverlinjsj  iiiid  altering  wuh.uii  and 
in  defiance  of  the  authority  an<l  against  tlic 
will  (if  the  parliament  of  thi§  kingdom  the 
legi-liiture  rule  and  government  now  duly  and 
happily  established  m  tltis  kingdom  and  de* 

f)osc  and  aid  and  assist  in  deposing  our  said 
ord  the  king  from  the  royal  stite  title  powe 

[  and  governinent  of  this  kingdom  and  furthe 

I  to  fulfil  |ui      '        1  bnug  to  fP     '  :' 

j  evil  and  v,  l^oii  au<l  d 

passings  a*^o  .....i-iuationsafo-.   .ui    ^ 
said    Thomas    Hardy  John    Home     Took^ 

\  John  Augustus  Bonney   Stcwttrl  Kyd   Jer 

I  miah  Joyce  Thomas  Wardle  Thomas  Hot 
croft  John  Richter  Matthew  Moore  John 
ThelwaU  Richard  Hodgson  and  Jolui  Baxte 
us    such     false     traitors    as   aforesaid    wit! 

I  force  and  armi  on  the  said  first  day  of 
March  in  the  thirty-third  year  aforenaid 
and  on  divers  other  days  and  times  aa  well  be- 
fore as  after  at  the  parish  of  Saint  Giles  afore* 
said  in  the  county  of  Middlesex  afut 
liciou^lyand  traitorously  did  meetcui: 
suit  and  kiLT  ■--  —  ■^^  themselves  aiu  \\\u\  tii. 
versothcr  rs  whose  names  are  lo  Ih 

said  jurors  ....^  wu. Tii  to  vaxsg  levy  and  mak^ 
in^:urrection  rebellion  and  war  within  thii 
kingdom  of  Great  Britain  against  our  mu 
loru  the  king  and  further  to  fulfil  perfect  an 

I  bring  to  efiect  their  most  evil  and  wicked  tre 
son  and  treai?on  able  com  passings  and  imagin 
ations  aforesaid  they  the  said  Thoma^s  Hurdjl 
John  Home  Tooke  John  Augustus  BonneJ 
Stewart  Kyd  Jeremiah  Joyce  Thomas  W  nrdk 
Thomas    llolcroft    John    Uichlcr  w 

Moore  John  Thclwall  Richard  Ho!  | 

John  Baxter  as  such  false  traitors  u  1  j 

on  the  said  first  day  of  March  in  li 
third  year  aforesaid  and  on  divers  uu^< 
and  times  as  well  before  as  alter  at  tlie  parisiij 


of  Saint  Gile*t  -i-rp^iia 
Middlesex  afoi' 
]iciously  and  i 
consult  and  ul 
together  with  d  i 
names  are  to  the  &aid 
MwfttlW    wickrdlv  vimX 


rounty 
irmtt  ma 


luwU    UU 
I,     to   %\\h 


i>aiu   ioiu    uic  *tiji^  iiuiu  uii:  juvii>ia.ic  tiuc 


Ji^  High  Treason* 

Wd  mVemment  of  this  kingdom  and 
f  to  fiiTnl  prftVct  Mil}  bring  lo  crtcct  ihcrr 
ison  and  Ucasoniiblc 
ton*!  aforesaid  and  in 
dually  la  Lrinnj 
uanddeposilioii 
LiiL-  b.tiil  1  hntnas  Hardy 
John  Augusitis  Bonney 
1  juiah  Joyce  '1  liomas  Waidlc 
\>ft    Jtjliri '  Uicihler    MaUhew 
•lill   liicliard  llo<lgson  and 
1  li   false  traitors  as  aforC' 
....  divers  other  false  tmitors 
rr.  to  the  Jurors  ^loresaid  un* 
aid  first  day  of  March  in  the 
!  ir  dforesjiid  Jind  on  divers  other 

^  t'^  well  before  a^  after  al  the 

[  libresaid  in  the  county  of 

I  wiih  force  and  »rni»  naa- 
'ijyly  did  prepare  and  com- 
Tid  there  nialiciousiy  and 
III  proiure  lo  be  prepared 
-  books  pamphlets  letters 
i>    resohitiona  orders 
ml  did  then  and  there 
i-tly  publish  and  dis- 
Ikere  maliciously  and 
..  ,-ucure  lo  be  published 
•Sit!  ^  other  bookfi  pamphlets 

letti  iiHtruf lions  resolutions 

Otdt'  I  he  said  several 

^IM>♦^  iralions  instruc- 

tion n*  orders adtlresscs  and  writing!* 

90TV  prepared  composed  published 

duper^U  iiij,j  ruu!%ed  to  be  prepared  com- 
puwd  iMibli>!.hed  atul  dispersed  as  last 
^orewa  ptirpnriing  and  containing  therein 
(jiinotig^Suthrr  thini;«i)  incitements  cncouragc- 
ito  w-^'  nous  to  move  induce   and 

le  I H  of  our  said  lord  the  king 

«id  at  ■  r  into  cft'cct  such 

u  and  deposition 
oU'--  -.w  ..*-w  ,...._uiitaining  therein 
Other  Ihing'^  mt'ormatiou  instructions 
Trrrlion^   lo  the   Md>jects   of  our  said 
Uow  when  and  upon  what  occa- 
loroui  purpones  la<»l  aforesaid 
"  carried  into  effect  and  fur- 
:md  bring  to  etfect  their 
ison  and  treasonable 
itions  aforesaid  they 
John  Home  Tookc 
Stewart  Kyd  Jere- 
muJi  iL ;  I  die  Thomas  Holcrofi 

t J^llfl  flJ  \ I oore  John  Thel ual I 

lirtr--^  iohn   Baxter  as  such 

l£tiks  [  together  with  divers 

fotbti  .-.  ^' nncs  are  to  the 

llli  :  lie  satd  first  day 

refllicrth  I   year  aforesaid 

■nd  mi  drrers  othi  J  times  a*3  well 

befons  fts  odW  at  t ;  i  >  of  Saint  Giles 

WihnaM  in  ihc  county  of  Middlesex  afore - 
nid  inth  forrr*  and  arms  maliciously  and 
Umilorot!'  iiorure   and    f>Tovide    and 

M  cheu  '  maliciously  and  tr&itor- 

PMljr   cmiuc   a£id    procure   lo   be   provided 


A.  D.  1794. 


[238 


:  and  did  then  and  there  maliciously  and  trai- 
I  torously  consent  and  agree  to  the  procuring 
'  and  providing  arms  and  offensive  weapons  (lo 
wit)  guns  muskets  pikes  and  axes  therewith 
to  levy  and  wage  war  insurrection  and  rebel- 
lion against  our  said  lord  the  king  within  Ibis 
kingdom  against  the  duty  of  the  allegiance  of 
thcra   the  said  Thomas   Hardy  John  Home 
Tooke  John   Augustus  Bonney  Stewart  Kyif 
Jeremiah    Joyce    Thomas   Wardle    Thomas 
llotcrutl  John  Uichter  Matthew  Moore  John 
I  Thel  wall  Richard  Hodgson  and  John  Baiter 
against  the  peace  of  our  said  lord  the  now 
knig  his  crown  and  dignity  ajid  against  the 
form  of  the  statute  in  thai  case  maide  and 
j  provided. 

I  Mr.  AttorT>ey  General  stated  to  the  Cotiit, 
j  that  he  had  been  intbrmed  by  the  counsel  for 
the  pri^ners,  it  was  their  intention  the  pri- 
I  soners  should  be  tried  separately.  It  was 
;  therefore  his  intention  to  proceed  first  on  the 

trial  of  Thomas  Hardy. 
'      At  tlie  request  of\lie  prisoners'  counsel^ 
the  Court  adjourned  to  Tuesday,  October  tho 
SBth, 


Sessions  Haute  in  ihc  Old  Bailey ,  Tuesdatf^  Oc* 

Present, — I^rd  chief  justice  Eyre;  loni 
chief  baron  Macdouald;  Mr,  baron  Hotham; 
Mr.  justice  BuUer;  Mr.  justice  Grose;  aiui 
olherJi  his  majesly's  justices,  &c. 

Coumrt  for  the  Crown, — Mr.  Attorney  Ge- 
neral [Sir  John  Scott,  afterwards  lord  EldonJ, 
—Mr.  Solicitor  General  [Sir  John  Milford, 
afterwards  lord  Redesdale],— Mr.  Serjeant 
Adair, — Mr.  Tiearrrofl, — IVlr.  Bower,^Mr, 
Law  [afterwards  lord  RllenboroughJ,— Mn 
Garrow,  [alterwards  a  baron  of  the  court  of 
Exchequer],— Mr.  Wood  [afterwards  a  baron 
of  the  court  of  Exchequer.] 

Solicitor, — Joseph  White,  esq.  solicitor  for 
the  afl'airs  of  his  majesty's  treasury. 

Counsel farthe  Prisoner. — The  hon,  Thomas 
Erskine,  [afterwards  lord  Erskine],  — Mr. 
Giblis  [afterwards  lord  chief  justice  of  the 
court  of  Common  Pleas], 

Amitant  Counhcl.  —  Mr,  Dampier,  [after- 
wards a  judge  of  the  court  of  King's. bench]. 
— Mr.  Felix  \'aughan.— Mr.  Gurncy. 

Sidicitors. — Mc^sr*.  George  and  HonMiil6 
William  Clarkson,  of  Essex  street. 

The  cfjurt  being  opened  and  Thomas  Hardy 
set  to  the  bar^  the  juR>rs  returned  by  the  sh^ 
rift  were  called  over. 

Major  Rhode,  esq.  cb^dlenged  by  the  prxsoner. 
Thomas  Martin,  oilman,  not  a  freeholder  of 

the  county  of  Middlesex. 
George  Jeffer^s,  jeweller,  not  a  freeholder. 
Hu^h  French,  esq,  challenged  by  the  prisoner. 
Robert  Mellish,  ship-builder,  challenged  by 

the  prisoner. 
William  Ilarwood|  esq.  challenged  by   U|j» 

crown.  "' 


2m 


S5  GEORGE  HI. 


Trial  qf  Tkomas  Hardy 


[SCO 


|i4iie0  BagiLrtbj  e«q.  challenged  by  Ibe  pri- 

gbert  Lewig,  esq.  excused  on  account  of  UU 
ness. 

[John  Wiilker,  esq,  not  a  freeholder. 
Ipeorgc  Wade,  hU>Gk<brokeT,   challenged  by 

the  crown, 
f  Thomas  Buck,  esq.  sworn* 
|-i'bofuas  Ayliffe,  esq,  challenged  by  the  pri- 
I     aoatr. 

|yiu»nias  Wood,  esq.  &woro. 
Hiack  Hudson^  esq.  challeiu;ed  by  the  prisoner. 
floho  MandeUy  gent  chafiengcd  by  the  pri- 
soner. 

Henry  Bullock,   brewer,  challenged  by  the 
i      crown, 

L John  i*owsey,  carpenter  and  surveyor,  chal- 
I     i^ged  by  the  prisoner. 
I  CforgeCapes,  esq>  challenged  by  the  prisoner. 
[T'honias  Rhodes,  cow^keeper,  challenged  by 

Uie  prisoner. 
\  Edward  Hehne,  esq.  challenged  by  the  pri- 
soner, 

[  leficry  Holmes,  esq.  challenged  by  the  crown. 
William  Fmser,  esq,  sworn, 
r  Jkpslcy  Pellat,  ironmonger,  not  a  freeholder, 
j  Hugh  Reynolds,  esq.  challenged  by  the  pri- 
i     toner* 
[Thomas  Harrison,  cow-keeper,  challenged  by 

the  prisoner. 
I  |>anitsl  Cosset,  esq.  not  a  freeholder. 
Uichard  Meaux,  esq,  not  a  freehoMer. 
Dicker  Saunders^  e&q.  one  of  the  people  called 
quakers, 
r  (i^ailvert  Clapham,  gent  not  a  freeholder* 
I  Jolm  Leader,  gent  challenged  by  the  prisoner. 
.  John  Guci»l,esq,  excused  on  account  of  illness. 
I  Charles  Fuurdrjnier,  stationer,  not  a  freeholder. 
>  Adam  StcinmeU,  biscuit-baker. 

Mr,  Aittirney  GeneraL — Are  you  a  natiural 
Jwrn  subject  ? 

Mr,  SUinmetz, — Ycs, — Sworn. 
Alexander  Baxter,  esq.  not  a  freeholder, 
JSLichard  Child,  distiller,  not  a  freeholder. 
Jeremiah  Blakeniau,  timber  merchant,  chal- 
lenged by  the  pri*yoner, 
Robert  Kilby  Cox,  esq,    challenged  by  the 

prisoner. 

'  Richar<i  Hunt,  esq.  not  a  freeholder. 
I  James  Payne,  esq.  challenged  by  the  crown. 
I  fkJewell  Connop,  distiller,  sworn, 
;  Jului  Mercer,  mealman,  sworn. 
^  JuKd  Kixon,  cooper,  challenged  by  the  crown. 
)  Thomas  Saycr,  esq.  sworn. 
Ifichaid  Carter,  esq.  sworn. 
^  '    ird  Ualc,  gent,  challenged   by  Uie  pri- 
Itinner. 

rgc  Fillingham,  esq.  cluillcnged  by  the 
prisoner. 

Samuel  Rudge,  esq,  not  a  freeholder, 
VyiUiam  Perry,  esq.  dbalknged  by  Uic  pri- 
soner. 
^.lUJjard  Goughi  uq.  cbftll^ged  by  U)«  pri- 
soner, 
^  Josltiiifc  Brookc6|  dealer  b  btrd#»  mil  ^  &ec« 

ho)der, 
Tbomat  Ijmttmc,  esq.  not »  ffochoUkr. 


Thomas  Skipp  Dyott  BuckneJl,  a«q.  challenge 

cd  by  the  prisouer. 

John  Blfickburn,  esq.  challenged  by  the  pri- 
soner. 

Samuel  Mills,  weaver* 
Mr.  AJiiU  -My  father  left  in  hts  witl  all 

his  estate   to   my  brother  and  me,  and  ap. 

pointed  trustee«»,  tiiid  we  are  not  by  I  he  wilij 

to  be  of  a^e  till  we  are  thirty-Ave, 

Joseph  Bird,  et^q.  not  a  freeholder  of  Middle- 

SCJ£, 

Thomas  Powell,  esq,  challenged  by  the  prW 

soner. 
William  Eraerson,  esq.  not  a  freeholder. 
James  Cook,  esq.  nut  a  freeholder. 
Nathan iel  Slonard,  brewer,  sworn. 
Joseph  Maw  ley,  gent  not  a  freeholder. 
Thomas  Allen,  brewer,  challenged  by  the  pn* 

soner, 
John  Baker,  esq.  challenged  by  the  prisoner. 
Wiiham  How,  esq.  not  a  freeholder. 
James  Smith,  ei»q.  (challenged  by  the  prisoner* 
Bryiin  MarUiali,  gent.  cliaJienged  by  tlie  pri- 
soner. 
Joseph  Nicoll,  gentleman  farmer,  6woni. 
Thomas  Bird,  dibtdler,  not  a  tree  holder. 
Robert  Vincent,  e»q.  not  a  freeholder. 
David  iCoberlb,  esq.  chalkoged  by    llie  prW 

soner. 
George  Brooks,  esq,  not  a  frexhiiWi^r 
William  Arnold^  cmj.  not  a  i 
Thomas  Nijuin,  esq.  not  a  it^ 
Thomas  bniith,  ctq.  clmlJeog^   by  iIm  firt- 

soner, 
John  Citarrington,  c^q.  swum, 
George  Hi)^by,  ti^q*  not  a  freeholder. 
Thomas  Atleui  oftq.  challcngod   by  the  pti* 

soner. 
Anflrew  Durt,  esq.  challenged  by  the  rrown. 
Charles  Smith,  distiller,    challenged  by  the 

prisoner, 
Archibald  Paicton,  wine  merchant,  challenged 

by  the  prisoner. 
Italph  Keddy,  e&q.  not  a  freeholder. 
John  liarsley,  esq.  not  a  freeholder, 
Wtlliam  NicoU,  larmer,  challe^igied   by  the 

prisoner. 
Kdwurd  Franklin,  farmer  excuied  OJI  acco 

ol  iltnr-ss. 
Mv  ley,  coal  mercbaotjchatteogjedllif 

1,  ■.-cr, 

John  Ihompson,  brewer,  chaUenge4  by  the 

prisoner. 
Joseph  Ainsliffi  €sq.  ivorn. 


Thomas  Buck, 
Thomas  Wood, 
William  Fraser, 
Adam  Slcinmelz, 
N-  lop, 

Jo  I 

Tl' 

m 

iiAui  Uoiiii;  IumIu^,  4^r 


Thomas  Sayer, 
Rjchard  Cdrter^ 
Nullmuiel  btou.uJ, 
Joseph  N  trhol, 


Johv 
Jo-< 


<ie«rfaigDfl)« 

th 

-[LUfc  Uai,  Cluk  of 


2U] 


Jbr^High  Treason* 


A.  D.  1794. 


[343 


Arraigns  read  the  Indictment]. — Upon  this 
indictment  he  hath  been  arraigned,  and  upon 
his  arraignment  hath  pleaded  not  guilty,  and 
for  his  trial  hath  put  himself  upon  Cod  and 
the  country,  whicn  country  you  are.  Your 
cbar^  is,  to  inquire  whether  he  be  jguilly  of 
the  Sgh  treason  whereof  he  stands  indicted, 
or  not  guilty.  If  you  find  him  guilty,  you 
sre  to  inquire  what  goods  or  chattels,  lands 
or  tenements,  he  had    at  the  time  of  the 

»{h  treason  committed,  or  at  any  time  since. 
you  find  him  not  g^iilty,  you  are  to  inquire 
whether  he  fled  for  it ,  if  you  find  that  he 
did  fly  for  it,  you  shall  inquire  of  his  goods 
and  cliattels  as  if  you  had  found  him  guilty. 
If  you  find  him  not  guilty,  and  that  he  did  not 
fly  for  it,  say  so,  and  no  more,  and  hear  your 
evidence. 

The  Indictment  was  opened  by  Mr.  Wood. 

Mr.  AUorney-Oeneral  (sir  John  Scott). — 
May  it  please  your  Lordship  and  Gentlemen  of 
tbeJuiy;— In  the  course  of  stating  what  J 
have  to  oflfer  to  your  most  serious  attention 
ID  this  great  and  weighty  cause,  aflectui^,  as  ; 
it  certainly  does,  the  nearest  interests  o\  the  i 
community,  aftecting,  as  you  will  remember  j 
throughout  this  business,  every  interest  which  i 
can  be  valuable  to  tlie  prisoner  at  the  bar,  I  ' 
shall  have  frequent  occasion  to  call  that  anxi- 
ous attention  to  the  different  parts  of  the  in- 
dictment which  has  just  been  opened  to  you. 
I  forbear  to  do  so  at  this  moment,  because  I 
think  that  attention  will  be  more  usefully, 
both  with  respect  to  the  public,  and  to  the 
prisoner,  given  and  required  in  another  part 
of  what  I  am  to  address  to  you. 

Gentlemen,  the  prisoner,  who  is  before  you, 
stands  charged  (to  state  the  indictment  gene- 
ndly)  with  the  offence  of  compassing  his  ma- 
jesty's death ;  he  was  committed  upon  that 
charge  by  his  majesty's  privy  council :  I  will 
eiplain  to  you  presently  why  I  state  this  and 
the  follow iog  facts.  In  consequence  of  the 
apprehension  of  this  prisoner,  of  several 
others  charged  by  this  indictment,  and  of 
others  whose  names  do  not  occur  in  this  in- 
dictment, proceedings  of  some  notoriety  were 
had  in  parliament,  and  an  act  passed,  em- 
powering his  majesty  to  detain  such  persons 
as  he  suspected  were  conspiring  against  his 
government.  That  act  has  asserted,  that  a 
traitorous  and  detestable  conspiracy  had  been 
formed  for  subverting  the  existing  laws  and 
^vcmmcnt  of  the  country,  and  for  introduc- 
ing that  system  of  anarcby  and  confusi9n, 
which  had  ^o  fatally  prevailed  hi  France ;  the 
act,  upon  the  spur  of  the  emergency,  which  it 
con  tern  plated,  authorized  the  detention  with- 
out bail,  mainprizc,  or  discharge,  of  the  pcr- 
Kns  then  in  pri^ion  for  high  treason,  or  trea- 
K/Oable  practices,  or  who  should  afterwards 
te  committed,  for  high  treason  or  treasonable 
prac tires,  by  warrants  from  the  privy  council 
or  seaetary  of  state,  until  the  first  of  Febru- 
iry,  17»5. 

GentleiHen«  this  measure,  which  did  not 
suspend  the  opecaiiuii  of  the  Habeas  Corpus 

VOL.  XXIV. 


act,  that  great  palladium  of  English  liberty, 
but  with  reference  to  particular  persons,  un- 
der particular  commitments,  for  particular 
offences,  is  a  measure  never  adopter]  in  this 
country  by  parliament  but  in  cases,  in  which  it 
is  understood,  after  giving  all  possible  atten- 
tion to  secure  the  right  of  the  subject  from 
being  broken  in  upon,  to  be  of  the  last  possi- 
ble necessity,  and  which  has  b^en  repeatedly 
put  in  force,  in  the  best  of  times,  in  such 
cases,  where  the  wisdom  of  parliament  appre- 
hended that  it  was  matter  of  their  dutv  to 
provide  that  the  nation  should  part  with  its 
liberty  for  a  while,  that  it  might  not  lose  it 
for  ever. 

Gentlemen,  appearing  before  you  this  ,day 
in  discharge  of  that  duty,  which  I  have  been 
commanded  to  execute  and  the  execution  of 
which  appears  to  me  to  be  absolutely  ne- 
cessary, you  will  collect  from  the  fact  that 
I  do  appear  here  this  day,  that,  according 
to  the  true  constitutional  meaning  of  such 
an  act  of  parliament,  it  is  not  that  the  trial 
of  such  persons  shall  be  delayed  during  the 
period  of  the  suspension  of  the  act,  but 
that  the  act  shall,  with  reference  to  the  time 
of  trial,  be  allowed,  in  the  ripbt  execution 
of  it,  an  operation  only  to  that  extent  in 
which  the  uue  consideration  of  the  public 
safety,  tempered  with  a  due  attention  to  the 
liberty  of  the  individual  subject,  may  require. 

Gentlemen,  the  proceedings  of  tfiie  Icgisla- 
lature  having  been  such  as  I  have  stated  to 
you,  his  majesty,  constitutionally  advised  in 
the  exercise  of  his  duty,  as  the  great  conser- 
vator of  the  public  peace,  directed  a  commis- 
sion to  issue  to  inquire  whether  any  such  trea- 
sons, as  the  presumption  of  such  a  traitorous 
conspiracy  must  necessarily  suppose  to  have 
existed,  had  been  committed  by  any  persons, 
and  by  whom.  In  the  execution  of  the  duties 
of  that  commis*^ion,  a  grand  jury  of  this  coun- 
ty, upon  their  oaths,  have  declared  that  there 
is  ground  of  charge  against  the  person  at  Uie 
bar,  and  against  others,  sufficient  to  call  uoon 
them,  in  a  trial  to  be  had  before  you,  their 
country,  to  answer  to  an  accusation  of  high 
treason,  in  compassing  his  majesty's  death. 

Gentlemen,  I  have  stoted  these  circum- 
stances, that  I  may  convey  to  you,  in  as 
strong  terms  as  I  can  express  it,  this  observa- 
tion, that,  as  the  proccedinirs  of  parliament 
ought  to  have  had  (and  I  am  persu  idcd,  from 
the  dclibrration  which  they  gave  the  suljject, 
that  tlipy  had)  no  inthienco  upon  the  judicial 
mind  of  the  grand  inquest,  neither  ought  these 
procecdin«;s  to  affect  your  incuiiriO!*,  or  to  in- 
duce you  to  Jinv  dotcnninatioii,  which  you  are 
to  make  upon  the  issue,  which  you  are  now 
sworn  to  trv. 

Gentlemen,  there  is  no  one  cirrumstince  of 
any  procccdiuirs  before  parliameut,  with  re- 
ference to  which  YOU  ought  to  suffer  your- 
selves to  be  influenced  in  the  trial  of  this  is- 
sue. It  is  obvious  that  such  proceedings,  us 
were  had  in  parliament,  providing  for  «;rcat 
emergencies,   may  be  required  and  aulho- 

R 


8I5J 


35  GEORGE  IIL 


Trial  of  Thomas  Hardy 


t^i4 


f  izedl  by  the  genuine  spirit  of  the  constitu- 
I  tion,  even  in  cases  in  which  a  grand  jury  might 
not,  upon  any  thing  that  could  be  offere<rto 
ihcir  consideration,  be  justified  in  finding  a 
I  bill :  it  is  muc:h  more  obvious,  that,  in  a  pro- 
ceeding before  you,  a  consideration  of  the  wis- 
dom and  propriety  of  the  acts  of  the  legisla- 
ture is  not  called  for* 

You  therefore,  gentlemen  of  the  jury,  will 
conjider  the  prisoner  as  standing  before  you 
rln  f\i\\  possession  of  an  absolute  ri^ht  to  the 
|*presumption  of  innocence,  notwithstanding 
l^e  is  charged  with  guilt  by  this  indictment, 
f  us  you  will  near,  except  9o  far  as  that  presump- 
[  tjon  is  met  by  the  single  simple  fact,  that  he  has 
rl>cen  accused  by  a  grand  jury  of  his  country. 
Gentlemen,  before  I  conclude  these  general 
^observations,  you  will  permit  me  to  say»  on 
I  the  other  hand,  that,  if  there  has  been' any 
p  thing  that  has  fallen  under  your  observation, 
by  act  or  publication— any  attempt  to  make 
_  impression  upon  the  minds  of  those  who 
ure  this  day  impanelled  to  try  this  great  cause, 
disparage  inat  advice,  which,  under  the 
Inmost  responsible  sanction,  may  be  ^iven  you 
rin  matter  of  law,  to  work  in  your  mmds  any 
['prejudice  either  against  the  prisoner,  or  on 
l^the  prisoner's  behalf;  on  the  one  hand  I  am 
"cctly  sure  that  your  integrity  will  be  secu* 
tity  to  the  public,  that  vou  will  not  permit 
lany  ultcmpt  of  that  kind  to  have  any  opera- 
lion  ;  on  the  other  hand,  gentlemen  of  ihe  jury, 
Jl  ajn  equally  sure  that  I  need  not  ask  from  an 
f English  jury,  that  thcv  would  permit  no  such 
rtttempl  to  prejudice  lliem  against  the  prison- 
|€r  at  tne  bar, — no,  not  even  an  injudicious  or 
Pill  executed  attempt,  to  influence  them  in  his 
^favour* 

Gentlemen,  in  order  to  understand  the  law 
Jl>f  treason,  and  the  indictment,  I  shall  take 
Pthc  liberty  first  to  slate  to  you  the  character 
'lyhich  I  apprehend  the  king,  for  the  protec- 
[Jtion  of  whose  person  and  government  the 
^itatute  in  question  was  made,  has  in  the 
Instate  and  constitution  of  this  country. 
r  Gentlemen,  the  power  of  the  "state,  by 
I  vhich  1  mean  the  power  of  making  laws,  and 
^forcing  the  execution  of  them  when  made, 
13  veslea  in  the  king ;  enacting  laws,  in  the 
f  one  case,  that  is,  in  lus  legislative  character,  by 
rkad  with  the  advice  and  consent  of  the  Lords 
[ipiritual  and  temporal^  and  of  the  Commons 
fin  parlramerit  assembled,  assembled  according 
Wm  law  and  constitni»onal  cu*>tum  of  Eng- 
ad ;  in  the  other  ca«e,  executing  the  laws, 
If  hen  made,  in  subservience  to  the  laws  m 
Itnude,  and  with  the  advice,  which  the  law  and 
the  consttlulign  hivp  a*> signed  to  h-r*;  i"  "' 
"^nost  every  in>tancc  in  which  they  h 

rUOuii  hum  tuAii   r.ir  liu    l»4-fu  fit  fit   '  I 

S.' 
ffiOuvetic5  tcf*  the  yi  i  ex-  i 

ilcnceoh'      ■     '  ,;i^  ronveniii_  •  'lom,  | 

ccording  to  ilio  Uw  and  ctiston*  al 
y,  he  is  bound  to  convene.    Tin 

it,  aUJDg  m  liii  royal  pohtical  t 


capacity,  and  the  I^rds  and  Commons  thcrt 
assembled,  form  the  great  body  politic  of  the 
kingdom,  by  wliich  is  exercised  sovereign  au- 
thority in  legislation.  Gentlemen,  whUstlhe 
present  law,  the  present  constitution,  andpre* 
sent  government  of  Great  Britain,  exist,  no 
law  can  be  made  but  by  that  authority  ;  no 
legislative  power  can  he  created  against  the 
wul,  and  in  defiance  of  that  authority.  Whe- 
ther in  any,  or  in  what  circumstances,  an  at* 
tempt  to  create  such  a  power  is  a  treason  for- 
bidden by  the  statute  of  the  Si 5th  of  Edward 
3rd,  I  propose  to  examine  presently. 

Gentlemen,  as  in  the  king  the  power  of 
legislation  is  vested,  as  well  as  the  executive 
power  of  the  state,  to  be  exercised  with  con- 
sent and  advice,  to  be  exercised  according  to 
those  laws,  which  arc  the  birthright  and  in^ 
heritance  of  the  subject,  having  upon  hioi 
the  care  and  protection  of  the  community ; 
to  him,  in  return,  the  allegiance  of  every  m* 
dividual  is,  according  to  the  law  of  England, 
due  ;  that  allegiance,  by  which  the  subject  is 
bound,  in  the  language  of  the  statutes  of  this 
country,  to  defend  him  **  against  all  trakiorous 
conspiracies  and  attempts  whatsoever,  which 
shall  be  made  against  his  person,  his  crowD^ 
or  his  dignity." 

Gentlemen,  to  ascertain  to  whom  this  care 
and  protection  is  committed — to  ascertain  ttt 
whom  this  allegiance  is  due,  the  breach  of 
which,  according  to  the  venerihWi  Inrd  Hale, 
constittites  high  treason,  is  to  tlie 

peace  of  the  community— to  i  and  to 

define  accurately  what  constitutes  a  breach 
of  that  allegiance,  is  essentially  and  abaoUitely 
necessary  to  the  security  of  ail  that  our  an- 
cestors have  claimed,  demanded,  and  insisted 
upon,  as  the  ancient,  undoubted  rights  and 
lioerties  of  our  country. 

Gentlemen,  the  former  of  these  objects  is 
secured  by  the  law  and  constitutional  custont 
of  England  ;  that  law  which  alike  secures  to 
you  every  right,  whether  it  be  a  right  of  pep- 
son  or  of  property.  It  has  made  the  crowrr, 
which  his  majesty  wears,  hereditary  (ami  I 
beg  your  atleaiion  to  that),  subject  to  lirai- 
tation  by  parliament  The  latter  object  has 
been  most  anxiously  secured  by  the  stati 
referred  to  in  the  indictment,  which  brii 
forward  the  charge,  the  truth  of  whirh  yi 
arc  now  to  try. 

Gentlemen,  the  kin*  having  this  hef^^dilafy 


M 


crown,  i1 

certain' 

inrimibent  ujmn  nun  lo  r^vi 

fit  of  the  subject,  in  the  f  > 

''"t ^'-'  » •'  •  '»- 1  fiim  w.LM.i 

irh   duties 


thc\ 


that 
dolv    '-■! 

high  tt 


bre^cii  < 
to  it;   ht 


IS 

h 

':-« 
'At 
«0 

l-f 
rs 


thm  MA  hi&  duue^  la  that  oalb|  to  whu:li| 


S45J  J&r  High  Treason. 

Uiroiighout  tlai5  biismcs3»  I  must  agaio  call 
your  uttctitiofi,  ill  tlmt  oath  which  he  is  bound 
I  in  him,  at  his  coronation,  by  which 

J-  -^  and  swears  **  to  govern  the.  peo- 

ple ui  Uu:i  country/'  mark  the  words,  ^nlle- 
mtlkf  "  according  to  the  statutes  in  parliament 
4igtt€d  uucn^  and  the  lows  and  customs  of  the 
mme ;  that  lo  his  power  he  will  cause  law  in 
justice  and  mercy  to  be  administered ;  that 
hm  will  roaintain  the  laws  of  God  and  the 
tf^^.v  r.,-,  ,t.i.<,ion  of  religion  estiiblished  by  law.** 
jcn^  this  oath,  stated  b^  that  great 
£__  ^Liihlc  coustitutiocril  judge,  Mr. 
juiticc  Foster,  to  be  a  solemn  and  a  public 
raeoguitioD,  not  only  of  the  duties  of  the 
Idogf  but  of  tlie  fundamental  rights  of  the 
peoptCp  iioposeth  upon  hiro  (and  throughout 
iltb  oue  H  cannot  be  too  slrtmgly  recollected 
iJtel  tl  iiDposcth  upon  him)  the  mo^t  sacred 
iMgiitJOD  to  ^m'crn  according  to  the  lavvs 
—-'  statutes  in  parliament  agreed  u  pon,  ac- 
*  J  to  lh«  laws  and  customs  of  the  ioot^, 
ad  no  otiicr. 

<leiitlemen,  addressing  this  Court,  which 
ti  a  oourt  vf  law,  iu  whicli  you,  the  jury,  are 
mcil  to  make  a  true  deliverance  according 
lolbclawof  England,  can  I  impress  it  too 
itnicigljr  tliat  it  cannot  be  supposed  by  possi- 
^'^'  ai>l  by  possibiJity— thai  the  king  can, 
eolly  with  his  oath,  and  with  the  an- 
duly  recognized  in  the  exphcit  en- 
at,  ihc  terms  of  which  you  have  heard, 
.«^/acty  or  permil  himself  to  act,  as  kin^ 
areonfitig  to  any  rules  of  government,  formed 
1^  aitjr  bodies  of  men,  assuming  any  charac* 
tcr,  fooclions,  or  situations,  those  rules  of 
gifeflUAicDt  beJB^  meant  to  operate  as  laws, 
tit  i$aihiie$  ^gremupon  in  parliament,  and  the 
imM  9tmd  emitomi  of  the  same^  onli^  excepted  f 

CentletDen,  it  seems  to  me  to  follow^,  as  a 
r  eopdmion  from  the  reasoning  to 
1  to  a  court  of  law,  not  only  Ihat 
conspire  to  remove  the  king  out 
her,  but  that  those 
9\\  him,  unless  he  will 

^911111  tbc  p%Hjj*le  iic-<::t>idmg  to  laws,  which 
am  «>t  statutes  in  piirlfAment  agreed  upon, 
and  the  laws  an;  i  of  the  same,  or  as 

Ibt  hmd  of  a  i^o  I  framed  and  modi- 

fici  tr^  asy  auUionty  not  derived  from  that 
fHcifUBent,  do  tun  spire  to  depose  him  from 
ik^  rwyoi  **   '      '    '  r,  and  governtaetit, 

mhifh  tM  I  iions,  and  to  sub- 

v«it  asiS  ;  od  govemmcot  rob? 

atrntlak^  im.    Ue  aught  not 

•9  to  govt;..  irml  (.o  i/cjvpm^he 

n  bcnnd  to  rcAi  ^ard 

^  ftll  lis  conM^^  I  the 

I;  raibUncc  nece^^inly  produces  de- 
I  it  CtKianjijcrs  his  life. 
stktn 

uf  them,  have  assigned 

irid  responsible  advisers: 

nKicr  various  consti- 

tions,  with  various 

aaii  jiTtiV5iiUvcs,  as  necessary  for 


I  king^  upon  whom  these 
^w  and  constitution,  for 


A.  D.  1704. 

the  support  and  raainlenancc  of  the  civil  li^ 
berties  of  the  people :  they  ascribe  to  him 
sovereignty,  imperial  dignity,  and  perfection : 
and  because  the  rule  and  government,  as  es- 
tablished in  this  kingdom,  cannot  e^i^t  for  a 
moment  witliout  a  person  hhing  that  oiBce, 
and  able  to  execute  all  the  duties  from  time 
to  time,  which  I  have  now  stated,  they  as- 
cribe lo  him  also  that  he  never  cciines  to  exist. 
In  foreign  aftUirs^  the  delegate  and  represen- 
tative ol  his  people,  he  makers  w;ir  and  peac!e, 
leagues  and  treaties:  In  domestic  cuuccras, 
he  has  prcrogiilivcs,  us  a  ronstiUicnt  part  of 
the  supreme  regisbiure;  the  prerogative  of 
raising  tiecls  and  armies;  he  is  the  Ibuntain 
of  justice,  bound  to  administer  it  to  his  pc;o- 
ple,  because  it  is  due  to  them ;  the  great  con- 
I  servator  of  public  peace,  bound  to  maintain 
i  and  vindicate  it;  every  where  present,  that 
these  dtities  may  no  where  fail  tif  being  dis- 
charged; the  tbun  tain  of  honour,  othce,  and 
privilege  ;  the  arbiter  of  dome*<Uc  comraerce, 
the  head  of  the  national  church. 

Gentlemen,  I  hope  I  shall  not  be  thought 
to  mispend  your  time  in  stating  thus  much, 
because  it  appears  to  me  that  the  fact,  that 
such  is  the  character,  that  such  are  the  duties, 
that  such  arc  the  attributes  and  prerogatives 
of  the  king  in  this  country  (all  existmg  for 
the  protection,  security,  and  happiness  of  the 
people  in  an  established  form  ot  government}, 
accounts  for  the  just  anxictv,  bordering  upon 
jealousy,  with  which  the  law  watches  over 
his  person — itccounts  for  the  fact  that,  in 
every  indictment,  the  compassing  or  imagin- 
ing his  deslmction,  or  deposition,  seoras  to 
be  considered  as  necessariiy  co-existing  with 
an  intention  lo  subvert  the  rule  and  govern- 
ment established  in  the  country  :  it  i*»  a  pur- 
pose to  destroy  and  lo  depose  Aim,  in  whom  the 
supreme  power,  rule,  and  government,  under 
constitutional  checks  and  limitations,  is 
vested,  and  by  whom,  with  consent  and  ad- 
vice in  some  cases,  and  with  advice  in  all 
cases,  the  exercise  of  this  constitutional  power 
is  to  be  carried  on. 

Gentlemen,  this  language,  the  tenor  and 
charge  of  every  indictment,  b  roost  clearly 
expressed  by  lord  Hale,  when  he  says  that 
high  treason  is  an  offence  more  immediately 
against  the  perxan  and  gifvermnrnt  of  the 
king :  I  cannot  &laic  it  more  strongly  lo  you, 
or  from  an  authority,  the  uuthenticjiy  of 
which  will  be  less  questioned  by  those  w^ho 
are  to  defend  the  prisoner  at  tlie  bar,  than 
when  I  state  lo  you  the  language  of  one  of 
the  counsel  for  lord  George  Gordon  upon  the 
last  trial  for  high  treason:  iuderd  it  is  no 
more  than  what  follows  the  law  of  England 
as  dehvered  by  all  those  great  lawy^^rw,  wlioso 
authority,  I  am  persuaded,  will  not  be  atr 
tempted  to  be  shaken  in  the  course  of  Ibis 
trial,  when  it  states  this  principle  iIuist — 
«  To  compass  or  imagine  the  Jeath  of  the 
king,  such  imagination  or  purpose  of  the 
mind,  visible  only  to  its  great  Author,  being 
mauifested  by  some  opcQ  act,  an  institution 


347] 


35  GEORGE  HI. 


obviously  directed  not  only  to  the  security  of 
his  natural  person,  but  to  the  stability  of  the 
^vernment,  the  life  of  the  prince  being  so 
interwjivcn  with  the  constitution  of  the  state 
that  an  attempt  to  destroy  the  one  is  justly 
held  tu  be  a  rebellious  conspiracy  against  the 
other."* 

Gentlemen,  it  will  be  ray  duty  to  state  to 
you  presently  what  is  in  law  an  attempt 
against  the  life  of  the  king.  It  seems,  there- 
fore, that  when  the  ancient  law  of  England, 
—And  I  would  beg  your  attention  to  what 
I  am  now  stating  to  you, — that  when 
the  ancient  law  ot  England  was  changed, 
which,  even  in  the  case  of  a  subject,  held  the 
intent  to  kill  homicide,  as  well  as,  in  the  case 
of  the  king,  the  intent  to  kill  or  depose,  with- 
out the  tact,  where  a  measure  was  taken  to 
effectuate  the  intent,  treason,  with  a  ditlercnce 
however  as  to  the  nature  of  the  acts  deemed 
sufficient,  in  the  one  case,  or  in  the  other,  to 
manifest  the  one  or  the  other  intent,  that  to 
use  the  words  of  a  great  and  venerthle  autho- 
rity, I  mean  Mr.  Justice  Foster,  "  it  was  with 
great  propriety  that  the  statute  of  treason 
retained  the  rigour  of  the  law  in  its  full  extent 
in  the  case  of  the  king.  In  the  case  of  him/* 
says  he,  "  who>e  life  must  not  be  endangered, 
because  it  cannol  be  ttken  away  by  treasona- 
ble practices,  without  involving  a  nation  in 
blood  and' contusion :  levelled  at  him,  the 
stroke  is  levelled  at  the  public  tranquillity." h 

Gentlemen,  that  it  may  be  iully  understood 
what  it  is  that  I  have-  to  contend  for  in  the 
course  of  this  trial,  I  put  you  in  mind  a^ain 
that  I  have  before  stated,  that,  as  it  is  abso- 
lutely necessary  to  the  security  of  individuals, 
not  less  necessary  to  the  security  of  individuals, 
than  it  is  necessary  to  the  security  of  the 
nation  which  they  compose,  that  the  person 
and  ^overnmf  nl  of  the  king  should  be  thu*s 


Trial  of  Thomas  Hardy  [Sig 

should  tarnr  without  goine  to  judgment  of  the 

treason,  till  the  cause  oe  snowed  and  declsied 

before  the  king  and  his  parliament ;" — in  the 

expressive  language,  which   your   ancestors 

have  used,  when  the  provisions  of  the  statute 

of  Edward  were  first  mtroduced  into  the  code 

of  law  under  which  we  live,  and  of  those 

statutes,  by  which    treasons  were    brought 

back  to  the  provisions  of  that  statute,  tne 

experience  of  your  ancestors,   thus  handed 

down  to  you,  has  demonstrated  this  necessity. 

I  admit  too  (and  my  treating  the  subject  thus 

in  the  outset  may  ultimately  save  your  tim^ 

that  before  the  statute  was  made,  upon  which 

the  indictment  proceeds,  the  security  of  the 

subject  was  not  sufficiently  provided'  for.    I 

admit  that  security  is  not  sufficiently  provided 

for  now,  if  construction  can  he  allowed  to 

give  an  exposition  to  the  statute,  which  the 

legislature  did  not  intend  it  >hould  receive. 

I      Gentlemen,  iipon  each  of  these  heads  it 

I  was  necessary  for  me  to  trouble  you  ^ilh 

I  some,  and  but  with  a  few  observations. 

I      That  the  law  of  treason  should  be  deter- 

'  minate  and  certain,  though  clearly  necessary 

!  for  the  security  of  the  subject,  is  not  more 

necessary  for  their  security,  than  tiiat  there 

should  he  a  law  of  treason,  and  that  this  Uw 

I  should  be  faithfully,  duly,  and  firmly  exe- 

.  cuted 

I  Gentlemen,  every  state  imisi  have  some 
;  form  or  regimen  of  government;  in  other 
I  words,  it  must  determine  by  whom,  and  under 
I  what  modifications,  the  sovereign  power  is  to 
!  be  exercised  in  the  country  ;  for  no  govern- 
!  ment  can  exist,  unless  this  power  is  placed 
somewhere :  and  the  attempt  to  >ubvert  that 
;  power  is,  in  the  nature  of  the  thing,  an 
;  attempt  to  subvert  the  established  govcm- 
!  ment.  It  is  of  necessity  that  an  attempt  of 
this  ^ort  sbiHild  hegULinled  ag^ain^tf 


2491 


Jiff  High  Treaton> 


A.  D.  1794. 


[«50 


IrglsUlare  In  Edward's  time  proposed,  when  I 
Ihrv  -  '-'l  the  liacred  staUitc  upon  tvbkh  | 
Ijji  nt  is  Ibonded  ;  that  stalute  was 

iii.iiJw  ..>.  i.t  more  precipe  definition  of  this 
crime,  which,  hv  the  common  law^  had  not 
been  «tiftitiently  ciilencJfid,  and  *'  the  pkin 
uuextenilcd  letter  of  il,"  you  will  mark  the 
avoids,**  lt>e  plain  iitiexiended  letter  of  it  was 
Ihcnigbt  to  be  a  suflicieiU  prolectiun  to  the 
person  and  hunoiir  of  the  sovereign'**  but  not 
only  to  the  perhun  and  honour  of  the  sove- 
reign, but  ^  an  ti(it'<iuate  »tturiiy  lo  (he  (awt 
t^mmiiUd  io  his  cjiecutinn^* 

Gentlemen,  in  ad<lressing  a  jury  in  a  court 

of  law»  sworn  to  make  deliverance  according 

to  thai  law  which  constilulcs  the  court  in 

which  they  sit,   there  arc  two  propositions, 

[     which  appear  to  me  to  he  alike  clear : — the 

^^bst  15,  titat  I  ought  not,  that  I  cannot  dare  to 

^|bl  upon  you  to  say,  that  there  has  been 

P^Stn  milled  under  ttiis  statute  any  oft'ence,   if 

f      the  facts  of  the  case  to  he  laid  before  you,  by 

plain,  manifest,  authorized  interpretalioa  of 

the   statute,    do    not    constitute  an  offence 

under  it; — if  the  statute  should  seem  to  any 

man,  or  to  you,  not  to  be  a  sufficient  and 

adequate  security  to  the  person  ami  honour 

4>f  the  sovereign^  and  the  due  exectitiou  of  the 

laws,  it  IS  nevertheless  all  the  security  wliich 

the  law  has  authorized  you  to  ^ive  thecn,  and 

Ood  forbid  that  you  should  llunk  of  giving 

IDOre»    On  the  other  hand,  you  are  bound  by 

3'our  oaths,  if  this  law  has  been  vioUlfd   in 

•kct*    if  the  fact   of  violation  is   proved  by 

wdenre,  convincing  in  its  nature,   and  j^uch 

ni  its  fono  as  ttie  law  requires  (for  the  law  in 

I       this  case  reqiiires  not  only  convincing*  but 

furnial  evulcnce),   then  you  are  hound  to  give 

to  the  person  and  honour  of  the  sovereign, 

and  to  the  laws  iif  your  country,  that  prolec- 

lion,  which  a  verdict,  asserting  in  substame 

that  the  statute  has  been  violated,  would  give, 

•od  wh»ch  ihe  statute  intended  should  be 

given* 

Gentlemen,   men  of  honour  and  of  con- 
icience,  acting  under  the  sanction  of  the  oath 
which   they  have  taken,  must  come  to  the 
saine  conclusion,  judging  of  the  same  fact^, 
by  the  same  law,  whatever  their  principles  ot 
I        government  may  be,   unless  they  differ  upon 
L       the  effect  of  Uie  fact*  laid  liefure  them.  In  the 
^.^Sifial  of  H  person,  whose  name  I  shall  have 
r  ^«bimdant  reason   to  mention  to  you  in  the 
^       courts  of  tins  proceeding,  I  mean  the  author 
of  the  Uights  of  Man,  charged  with  a  Hbei 
Sigarnst  the  monarchy  of  the  country,  il  was 
judiciously,   truly,   justly,    and   strongly  ad* 
mitted  in  ettecU  that,  if  the  jury  had  been 
composed  (if  there  are  twelve  such  men  in 
this  Country)   of  re  pubiicans,  wishing  to  over- 
turn   thu   govcrruuent  of  the    totTutry,   yet 
u!.  lug  the  law  of  Kngland,  in  a  court 

rn  law,  if  they  were  convinced  that 

Lt  had,  according  to  that  law,  been 

'  no  man  would  have  the  audacity 

lu   .^,   ...vt  tbcv  Ciiuld  be  capable  of  that 


cfiine  <ic;ujnitt  tJie  pwblir,    to  think    for   a 


in  omen  t  of  not  coming  to  the  conclusion, 
which  the  facts  called  tor,  according  to  the 
law  by  which  they  were  sworn  to  decide  upon 
the  matter  before  I  hem.* 

Gentlemen,  the  stutuie  upon  which  this 
indictment  proceeds,  is  to  the  following  effect  t 
— il  states  {and  it  slates  most  truly),  •*  that 
divers  opinions  had  been  had  before  this 
time,**  that  is,  the  95th  Edward  3rd,  •*  in  what 
case  treason  should  be  sail  I,  and  m  what  not : 
the  kmg,  at  the  request  of  the  Lords  and  of 
the  Commons,  hath  made  a  decbiration  in  the 
manner  as  hereafter  followeth,  that  is  to  say, 
when  a  man  doth  compass  or  imagine  the 
death  of  our  lord  the  king,  or  ofourlady  his 
queen,  or  of  their  eldest  son  antl  heir;  or  if  a 
man  do  violate  ihe  king's  companion,  or  the 
king's  eldest  dauc; liter,  unmarried,  or  the  wife 
of  the  king's  eldest  son  and  heir ;  or  if  a  man 
do  levy  war  against  our  lord  the  king;  in  hjj 
fealm,  or  be  adherent  to  the  king's  enemlet 
in  his  realm,  givin*  to  them  aid  and  comfort 
in  the  realm  or  elsewhere,  and  thereof  ba 
provaltly  attainted" — by  which  words  1  under- 
stand be  attainted  by  evidence,  that  clearly 
and  forcibly  satisfies  the  minds  and  con- 
sciences of  those  who  arc  to  iry  the  fact— 
**  attainted  of  open  deed  by  people  of  their 
condition,'* — then  there  is  this,  to  which  you 
will  be  bound  to  give  your  attention  for  the 
sake  of  the  prisoner,  as  well  as  for  the  sake  of 
the  public,  the  interests  of  both  being  blended 
in  this  great  cause ; — **  and  because  that 
many  other  like  cases  of  treaMin  may  happen 
in  lime  to  come,  which  a  man  cannot  think 
nor  derlare  at  this  present  time,  it  is  accorded 
Ihat^  if  any  other  case,  supposed  treason^ 
which  is  not  above  specified,  dolh  happen 
before  any  justices,  the  justices  sliall  tarry 
without  any  going  to  jutlgment  uf  the  treason 
till  the  cause  be  showed  and  declared  before 
the  kiuff  and  his  parliament,  whether  il 
ought  to  he  judged  treason,  or  other  lelony." 

Ucntlemen,  I  desire  to  point  out  here,  in 
the  must  marked  way  in  which  I  tan  stale  it, 
the  anxiety,  with  which  the  pdrhament 
wished  to  preserve  to  itself  the  jiidgnienls  of 
lrcason%  not  being  ihe  specified  ireasons  in 
the  staliile,  but  being  like  treasons,  those 
which,  by  a  parity  cjfrtii 'tuning  r*ii-ht  be  said 
to  be  treason.  They  would  nut  tnist  the  sub- 
jects of  the  country  m  the  hand  of  any  court 
of  justice  upon  that  point  I  mark  llie  cir- 
cum'tauce,  because  it  appears  to  me  to  give  a 
degree  of  aulhorily  to  the  law  of  Kngland 
upon  the  Miljet  t  of  trea*ion,  and  to  the  con- 
slrucliuns,  which  have  been  made  upon  il, 
and  to  the  distinctions,  which  have  been  made 
between  like  rreason>,  and  overt  aits  of  the 
same  treason,  that  perhaps  does  not  belong 
to  conj^tructions  and  di>Unctitms  adopted  in 
the  course  of  judicial  proceedings  upon  aajr 
other  law  in  the  statute-book. 
Gcnikraen,  having  read  the  statute  to  you, 

*  See  Mr.  Ersklne*s  defence  of  Paine,  Vol* 
^^,  p.  415  of  this  Collection. 


J 


ivr\ 


35  GEORGE  HI. 


obviously  directed  not  only  to  the  security  of 
his  natural  person,  but  to  the  stability  of  the 
^vernment,  the  life  of  the  prince  being  so 
interwoven  with  the  runstitution  of  the  state 
that  an  attempt  to  destroy  the  one  is  justly 
held  tu  be  a  rebellious  conspiracy  against  the 
other."* 

Gentlemen,  it  will  be  ray  duty  to  state  to 
you  presently  what  is  in  law  an  attempt 
against  the  life  of  the  king.  It  seems,  there- 
fore, that  when  the  ancient  law  of  England, 
— 4md  I  would  beg  your  attention  to  what 
I  am  now  stating  to  you, — that  when 
the  ancient  law  ot  England  was  changed, 
which,  even  in  the  case  of  a  subject,  held  the 
intent  to  kill  homicide,  as  well  as,  in  the  case 
of  the  king,  the  intent  to  kill  oi' depose,  with- 
out the  fact,  where  a  measure  was  taken  to 
effectuate  the  intent,  treason,  with  a  dilfercnce 
however  as  to  the  nature  of  the  act^(  deemed 
sufficient,  in  the  one  case,  or  in  the  other,  to 
manifest  the  one  or  the  other  intent,  that  to 
use  the  words  of  a  great  and  venerable  autho- 
rity, I  mean  Mr.  Justice  Foster,  •*  it  was  with 
great  propriety  that  the  statute  of  treason 
retained  the  rigour  of  the  law  in  it?  fiill  extent 


Triid  of  Th<mas  Hardy  [S48 

should  tarnr  without  gpine  to  judgment  of  die 
treason,  till  the  cause  be  snowed  and  declared 
before  the  king  and  his  parliament ;" — in  the 
expressive  languaec,  wnich  your  ancestor! 
have  used,  when  the  provisions  of  the  statute 
of  Edward  were  first  introduced  into  the  code 
of  law  under  which  we  live,  and  of  those 
statutes,  by  which  treasons  were  brought 
back  to  the  provisions  f;f  that  statute,  tne 
experience  of  your  ancestors,  thus  handed 
down  to  you,  has  demonstrated  this  necessity. 
I  admit  too  (and  my  treating  the  subject  thus 
in  the  outset  may  ultimately  save  your  tioi^ 
that  l>efore  the  statute  was  made,  upon  which 
the  indictment  proceeds,  the  security  of  the 
subject  was  not  sufficiently  provided  for.  I 
admit  that  security  is  not  sufficiently  provided 
for  now,  if  construction  can  be  allowed  to 
give  an  exposition  to  the  statute,  which  the 
I  legislature  did  not  intend  it  should  receive. 
I  Gentlemen,  upon  each  of  these  heads  it 
I  was  necessary  for  me  to  trouble  you  with 
I  some,  and  but  with  a  few  observations. 
I  That  the  law  of  treason  should  be  deter- 
minate  and  certain,  though  clearly  necessary 
for  the  security  of  the  subject,  is  not  more 


in  the  case  of  the  king.    In  the  case  of  him,"  '  necessary  for  their  security,  than  that  there 

says  he,  '*  whose  life  must  nut  be  endangered,  ,  should  be  a  law  of  treason,  and  that  this  law 

because  it  cannot  be  tiken  away  by  treasona-  I  should  be  faithfully,  duly,  and  firmly  exc- 

ble  practices,  without  involving  a  nation  in  i  cuted 


blood  and' confusion:  levelled  at  him,  the 
stroke  is  levelled  at  the  public  tranquillity.'* h 
Gentlemen,  that  it  may  be  iully  understood 
what  it  is  that  i  havf  to  contend  for  in  the 
course  of  this  trial,  I  put  you  in  mind  a^ain 
that  I  have  before  stated,  that,  as  it  is  abso- 
lutely necessary  to  the  security  of  individuals, 
not  less  necessary  to  the  security  of  individuals, 
than  it  is  necessary  to  the  security  of  the 
nation  which  they  compi»se,  that  the  person 
and  government  of  the  king  should  be  thus 


Gentlemen,  every  state  must  have  some 
form  or  regimen  of  government;  in  other 
words,  it  must  determine  by  whom,  and  under 
what  modifications,  the  sovereign  power  is  to 
be  exercised  in  the  country  ;  lor  no  govern- 
ment can  exist,  unless  this  power  is  placed 
somewhere :  and  the  attempt  to  subvert  that 
power  is,  in  the  nature  of  the  thing,  an 
attempt  to  subvert  the  established  govern- 
ment. It  is  of  necessity  that  an  attempt  of 
this  sort  should  he  guarded  against,  by  severer 


defended ;  on  the  other  hand^  for  the  security  '  penalties  than  offences,  which  being  hrcach^ 


of  the  suhjtit,  it  is  equally  necessary  that 
the  crime  of  high  treason  should  not  he  inde- 
terminate, that  It  should  not  he  unascertained, 
or  undefined,  cither  in  the  law  itself,  or  in  the 
construction  to  be  m<ide  of  that  law. 

Gentlemen,  this  necessity  is  not  to  be  col- 
lected merely  in  this  country  from  reasoning, 
though  it  may  obviously  enough  he  collected 
from  rea'iouing ;  the  experience  of  your  ances- 
tors has  informed  you,  I  admit  it,'  and  I  beg 
to  prc>s  it  upoii  your  attenUon,  as  much  as 
any  man  in  this  court  can  press  it  upon  your 
attention,  the  experience  of  your  ancestors 
has  informed  you,  in  the  ju«t  and  hitter  com- 
plaints which  are  to  be  found  in  their  annals, 
of  the  periods,  in  which  no  man  knew  how 
he  ought  to  l)ehave  himself,  to  do,  speak,  or 
say,  lor  d<»uht  of  pains  of  treason, — in  the 


of  parti(  ular  laws,  do  not  endanger  the  very 
existence  of  the  slate  itself,  which  do  not 
involve,  in  the  dc«»truction  of  the  state,  the 
destruction  of  all  laws,  hut  which  leave  the 
law,  though  violated  in  particular  cases,  .suffi- 
cient, in  general  cases,  for  the  protection  of 
the  personal  security,  th.e  liberty,  and  happi- 
ness of  the  subject. 

Gentlemen,  this  is  also  the  reasoning  of 
that  great  judge,  whose  name  I  before  men- 
tioned to  you,  my  lord  Hale : — "  The  ercat- 
ncss  of  the  offence,"  he  says,  "  and  the 
severity  of  the  punishment,  is  upon  these 
reasons: — First,  l)ecause  the  safety,  peace, 
and  tranquillity  of  the  kingdom  is  higlily  con- 
cerned in  the  safety  and  preservation  of  the 
person,  dignity,  and  government  of  the  king, 
and  therefore  the  laws  of  the  kingdom  have 


anxiety  with  whii  h  the  statute  of  Edward  8nJ  |  given  all  possible  security  to  the  kiug*s  person 
reserved  the  judgment  of  all  treasons  not  i  and  government,  and  under  the  severest 
there  expressly  specified—**  that  the  justices     penalties.'** 

Gentlemen,  to  describe  this  great  ofience 


*  See  Vol.  91,  p.  589  of  this  Collection, 
t  Sec  Foster's  Crown  Law,  discourse  1, 
chap.  1;  sec.  9,  p.  194, 195,  ed.  of  1799. 


with  precision  and  accuracy,  was  what  the 
*  Hale's  PleasoftheCrowDy  part  1,  chap.  10. 


for  High  Treaum* 

Ir^ildliire  roposwj,  when  | 

lijtjrr.*:'  iie  upon  vvljtch  i 

thid  (  is  touiitieii  i  tliHt  statute  was 

iMidc  -re  prrn!»e  c)c6iiiUon  of  Ihta 

whicii,  ty  the  coincTum  Uw,   had  not 
•i^i'flittrnMv  ixlcfstit'dj  dnd  **  the   plain 
uer  or  it,"  you  will  ruark  the 
iin  uncxtei>dcd  letter  of  it  was 
;^.  surticifMl  proleclion  to  the 
air  ot  Ihe  sovereign;"  but  not 
o    M.L    yH.rsjuu  and  honour  of  the  sovc- 
l>Ot  "  un  iieirtfytitc  tfCurity  to  the  iamt 

mg  ft  jury  in  a  court 

,  'Jtliverancc  according 

Umi  tAW  wbicki  eon&titutes  the  court  in 

^*ich   tScy  ait,  tlierc  are  two  propositions, 

nemr  to  me  to  ht  alike  clear : — the 

il  I  ought  not,  thai  I  cannot  dure  to 

UjM>»   you  to  my,  timt  there  has  been 

R»fnilt«d  under  this  statute  any  offejicc,  if 

i  fcu  of  the  case  to  be  laid  before  you,  by 

rnanitejit,  authorised  inlerpreution  of 

tfaittiir^^    do    not    conritilute   an  oftence 

it; — if  the  statute  should  seem  to  any 

!,  DC  lo  you,   not  to  be  a  sufficient  and 

[tiAte  Security  to  the  person  and  liouour 

.*..^....,.,    .^,,c|  I  he  due  execution  of  the 

II  the  security  which 

t  i  .  ,uu  lo  give  them,  and 

11  should  tn ink  of  giving 

'  r  hand,  you  are  hound  by 

this  law  has  been  violatrd  in 

ft   Iff  violation  h   proved  by 

:ig  in  its  nature^  and  >ucli 

i.v  requires  (for  the  law  in 

not  only  convirjcing,  but 

jen  you  are  hound  ty  give 

honour  of  the  toveretgn, 

s  uur  country*  that  prolec- 

V       -  ^  '    tancc 

'  Jive, 


A.  D.  iim. 


[250 


tCfl, 


I     mpn  nf  Honour  and  of  con- 

'  ianction  of  the  oath 

1,  must  come  to  the 

ig  of  the  same  fact*, 

v'er  their  principles  of 

^%   unle»'4  Ihev  differ  upon 

Inlaid  be^nre  tliem.  In  the 

uu,  whose  name  I  th;iJl  have 

nfi   in  men  t  if  in  to  you   in  the 

II  ihe  author 

'  ith  a  libel 

. i\  ni  III*'  ii'untry,   it  wa«i 

juilly,   and   strongly  ad- 

.»     *   it,^   ...*y  jj^^j  ^J^^„ 

« h  men  in 

'  lo  over- 

,    yet 

court 

1  thjt 

,  been 

ni  have  tlie  audacity 

i  be  capable  of  that 

a^^Ail  tilt  public,   to  think    fi^r    ai 


moiwent  of  not  coming  to  the  eonclusion. 
winch  the  facts  called  for,  accor<ling;  lo  the 
law  by  which  they  were  sworn  to  decide  upon 
the  matter  before  Miemi* 

Gentlemen,  the  statute  tjpon  which  tbis 
indictment  proceeds,  is  to  the  foliowujg  cflcct  i 
— it  states  (and  it  slates  most  truly  ),^  •*  that 
divers  opinions  had  been  had  before  this 
time,**  that  is,  the  ?5th  Edward  $r6,  ♦♦  in  what 
case  treason  should  be  sai<)^  &nd  in  what  not  t 
the  king,  at  the  request  of  the  Lords  and  of 
the  Commons,  hath  made  a  declarulion  in  the 
manner  as  hereafter  followeth,  that  is  to  say, 
wben  a  man  doth  compass  ur  imagine  the 
death  of  our  lord  the  king,  or  of  our  Udy  his 
queen,  or  of  their  eldest  son  and  heir ;  or  if  a 
man  do  violate  the  king's  companion,  or  the 
king*s  eldest  daughter^  unmarried,  or  the  wife 
of  the  king's  eldest  son  and  heir ;  or  if  a  mtJi 
do  levy  war  against  our  lord  the  kin^  in  hb 
realm,  or  be  adherent  to  t!ie  king^s  enemies 
in  his  realm,  giving  to  them  aid  aud  comfort 
in  the  realm  or  cbewhere,  and  thereof  bd 
provahly  attainted'' — by  which  words  I  under- 
stand be  attainted  by  evidence,  that  clearly 
and  forcibly  satisfies  the  minds  and  con- 
sciences of  those  who  are  to  try  the  fact— . 
**  attainted  of  open  deed  by  people  of  their 
condition,'*— then  there  is  this,  to  which  you 
wiU  be  bound  to  give  your  attention  for  the 
fake  of  the  prisoner,  as  well  as  for  the  sake  of 
the  public,  the  interests  of  both  being  blendod 
in  this  great  cause ; — **  and  because  tliat 
many  other  Itkc  cases  of  tr€a*<m  may  happen 
in  time  to  come,  which  a  man  cannot  tWk 
Ti*ft  derlare  at  this  present  time,  it  is  accorded 
that,  if  any  other  case,  supposed  treason, 
which  is  not  above  specified,  doth  happen 
before  any  justices,  the  justices  shall  tarry 
without  any  goiug  to  judgment  of  the  treason 
till  the  cause  be  showcil  and  declared  before 
the  king  and  his  parhkiment,  whether  ii 
ought  to  ne  judged  treason,  ur  other  felony," 

Uerntlemen,  I  desire  to  pt>ini  ooi  here,  in 
the  most  marked  way  in  which  I  i  an  state  it, 
the  anxiety,  with  which  the  parliament 
wihhed  to  preserve  to  itself  the  judgments  Oi 
treasons,  not  being  the  sppcified  treasons  in 
the  siaiule,  hut  being  like  treasons,  those 
w^hiclu  l»y  a  purity  of nasomiig  miiiht  be  said 
to  he  treason.  They  would  nut  trust  the  lub- 
ject'iof  the  coiuury  in  the  hand  of  any  court 
of  justice  upon  that  point  1  mark  tlie  cir- 
ctimstauce,  because  it  appears  to  me  lo  give  a 
degree  of  authority  lo  the  law  of  England 
upon  the  subjecl  of  treason,  and  to  the  con- 
structions, which  have  been  made  upon  it, 
and  to  the  di^stlnctions,  which  have  l^een  made 
between  like  treason^,  ;ind  overt  acts  of  the 
sam**  Irrnson,  that  perh-p'-  d^rs  not  belong 
to  constructions  and  i  adopted  in 

the  course  t*l  juduial   ,  igs  upon  any 

other  law  in  the  statute-book. 
Gcntlcmeup  having  read  the  statute  to  you, 

^  See  Mr.  Et^klne*d  defence  of  FwOy  VoL 

d2,  p.  413  of  thiA  CoUecUoo. 


it  it  not  unimportant^  as  it  seems  to  me,  to 
observe  thtt  Igrd  little  and  Mr.  Justice  Foster, 
who  have  itatcd  the  judidaJ  and  other  cxpo- 
iitionsofthis  stjitute^  have  stated  tbeoi^  and 
have  eipoundcd  the  itatute,  under  the 
weighty  caution,  which  lliey  roost  powerfully 
express ;  under  the  solemn  protests,  which 
tl^ey  most  fitrongly  state,  against  extending 
'  is  statute  by  n  parity  of  reason.    This  cir- 

imstance  alone  appears  to  me  to  give  infi- 

te  authenticity  to  the  expositions,  which 
_jey  state  of  it,  as  sound,  and  as  being  such 
AS,  according  to  the  interpretition,  which  the 
legislature  m  Edward  3rd's  time  meant, 
should  be  put  upon  this  statute. 

Gentlemen^  I  think  it  may  also  save  your 
time,  and  that  of  the  Court,  if  I  trouble  you 
here  by  reading,  before  I  state  to  you  the  ex- 
positions of  the  statute  which  lord  Hale  has 
giTen  us,  deducing  them  from  judgments 
which  had  been  actually  made  in  the  history 
of  the  country,  the  language  which  he  holds, 
as  describiujg  tbe  obligations,  which  courts  of 
justice,  ana  men  lookmg  at  this  statute  for 
the  purpose  uf  executing  it,  are  under,  to  con- 
itrue  it  according  to  the  real  specified  mean* 
ing,  not  by  a  parity  of  construction  as  to  the 
treason  itself,  when  they  came  to  construe  it. 

Lord  Hale  states  it  thus  : — **  Although  the 
crime  of  high  treason  is  the  greatest  crime 
against  faith^  duty,  and  human  society,  and 
brings  with  it  the  greatest  and  most  fatal 
dangers  to  the  government,  peace,  and  happi- 
ness of  a  kLngck>m  or  state,  and  therefore  is 
deservedly  branded  with  the  highest  igno- 
miny, and  subjected  to  the  greatest  penalties 
tliat  the  law  can  inflict,  yet  by  these  instances'' 
—he  is  stating  those  that  had  occurred  before 
the  statute  of  Edward  3rd  and  between  that 
and  the  first  of  Henry  4lh — "  yet  by  these  in- 
stances, and  more  of  this  kind  that  might  be 
given,  it  appears — firsts  how  necessary  it  was 
that  there  should  be  some  fixed  antl  settled 
boundary  for  lids  great  crime  of  treason,  and 
of  what  great  importance  tbe  statute  of  the 
25th  of  Edward  3rd.  was  in  order  to  that 
end;  secondly,  how  dangerous  it  is  to  depart 
from  the  letter  of  that  sULute,  and  to  multipfy 
and  enhance  crimes  into  treason  by  ambigu- 
ous and  general  words^ — oj  accroaching  af 
royal  power,  tubverting  of  JundamaHal  taut, 
and  tne  like;  and  thirdly,  how  dangerous  it 
IS  by  construction  and  analogy  to  make  trea- 
sons»  where  the  letter  of  the  law  has  not  done 
il^  for  such  a  method  admits  of  no  hmits  or 
bounds,  but  runs  as  far  as  the  wit  and  inven- 
tion of  accusers,  and  the  odiousness  and  de- 
testation of  persons  accused,  will  carry 
men/'* 

In  another  passage,  afler  having  given  his 
eomment  upon  this  statute — oiler  bavin «; 
italcd  what  are  the  overt  acts,  which  fall 
within  tliu  letter  of  it,  and  the  sound  inter- 
pretation of  it,  he  says,  "  It  has  been  tbe 


Conclusion  of  chapter 
">  Pleas  of  the  Crown, 


II,  part  1^   of 


c^eat  wisdom  and  care  of  the  parliament  to 
keep  judges  within  the  bounds  and  express 
limits  ot  this  act,  and  not  to  suffer  them  to 
run  out  upon  their  own  opinions  into  con- 
structive treasons,  tliough  in  cases  that  seem 
to  have  a  parity  of  reason  (tike  taut  ofUt^ 
ton),  but  reserves  them  to  the  decision  of  par- 
liament This  is  a  great  security  as  well  as 
direction  to  judges,  and  a  great  safeguard  even 
to  this  sacred  act  itself;  and  therefore,  as  be- 
fore I  observed,  in  the  chapter  of  levying 
of  war,  this  clause  of  the  statute  leaves  a 
weighty  memento  for  jtidges  to  be  careful 
that  they  be  not  over-hasty  in  letting  in  con- 
structive or  interpretative  treasons,  not  within 
the  letter  of  the  law,  at  least  in  such  new 
cases  as  have  not  been  formerly  expressly  re- 
solved, and  settled  by  more  than  one  preoe- 
dent."  * 

Gentlemen  of  the  jury,  I  am  persuaded,  as 
those  were  persuaded  who  conn uc ted  the  de- 
fence of  lord  George  Gordon,  that  we  live  in 
days,  in  which  the  mdges  of  the  country  nei- 
ther have  the  inclination  nor  the  courage  to 
stretch  the  law  beyond  its  limits*  I  mink 
myself  bound  to  state  that;  and  those,  who 
dare  to  slate  the  contrary  in  any  place,  do  not 
do  the  justice  to  the  country,  which  is  due 
from  every  individual  in  it. 

Gentlemen,  having  stated  thus  much  ta j 
you,  I  now  state,  in  order  to  be  perfectly  un 
derstood,  that  I  do  most  distinctly  disavoi 
making  any  charge  of  comimctivt  treason  j 
that  I  do  most  distinctly  disavow  stating  * 
this  indictment  an^  Itke  cam  of  trcaton  no 
specified  in  the  statute ;  that  I  do  most  dii 
tmctly  disavow  stating  any  thing  that  can  be 
called  cumulative  treason  or  anaiogout  treason  ; 
that  I  do  most  distinctly  disavow  enhancin 
anif  thing,  6y  a  parity  of  reason^  into  treatoi 
which  i*  fiot  spectfted  in  that  statute  ;  that  I  do" 
most  distinctly  disavow  enhancing  crimes  ^ 
any  kind,  or  a  life  tpent  in  crimet^  if  you 
choose  su  to  put  it,  into  treason,  if  it  be  not 
treason  specified  in  the  ttaiute ;  and  the  <^ues- 
tion  between  us  I  state  distinctly  to  he  tins — 
Whether  the  defendant  is  guilty  of  a  treason 
tfecifitd  in  the  ttatuie,  and  whether  the  evi- 
oence  that  is  to  be  brought  before  you  amounts 
to  that  proof,  that  will  be  satisfactory  to  your 
minds  and  consciences,  your  minds  and  con- 
sciences being  prepared  to  admit  no  proof» 
but  what  you   thmk  you  ousht  to  receive 

under  the  obligation  o?  an  oatli,  j '  "     h 

enough  thai  he  may  be  ^*  provabl..  1 

of  open  deed,'*  of  a  treason  specthea  m  tne 
statute. 

Then,  gentlemen,  to  state  the  charge  to 
you  :— The  indictment  charges  the  defendant 
with  compassing  and  imagining  the  king's 
death,  and  witli  having  taken  measures  10 
effectuate  that  LMiruoi-cr^ Now,  that  it  may  1 
thoroughly  un  ,i>u  will  permit  me  1 

state  to  you  hr i  i  >crc  is  not  only  a  i      _ 

nifest  distinctiou  m  reasoUi  but  a  settled,  dia* 

•  Ilale*s  Pleas  of  tbe  Crown,  part  ]|  cb.  t^. 


Jhr  High  Treason, 

§00  in  tlie  course  of  judicial  practice,  set' 
1  for  tio  other  cause  but  that  it  was  a  ma- 
st dbttactioQ  id  reason,  between—*'  like 
CttOi  of  treason/' constructive,  analogous^  or 
«miiitive  treaaons,  and  various  overt  acts 
•f  Ifae  ttcne  treason. 
Gmtieniieay  whether  the  acts  laid  as  overt 
I  of  treafiOQ,  specified  in  the  statute,  ami 
in  the  indictment,  amount,  in  all 
iblrcircunistances,  to  an  open  deed,  or  deeds 
W  which  a  person  may  be  provably  attainted 
01  the  specined  treason^  is  the  question  which 
are  to  try*  To  explain  myself  upon 
'l  take  it  to  be  clear,  and  I  wiU  not,  in 
igQ  of  the  business  at  least,  ejitcr  into 
■MtftNou  of  what  I  call  the  clear  and 
I  law  of  England,  because  I  will  not 
of  high  treason,  any  more  thi&D  I 
t  in  a  dispute  about  the  estate  of  any 
I  who  hears  me,  for  the  purpose  of 
|MM|  |M>tnts  enter  into  discussions  upon 
■I  1  Ukc  to  be  the  clear  and  €stLib]i<^hed 
f  ikf  England;  and  not  only  the  security  of 
i  iuhjcct  in  this  respect  cannot,  but  the  sc- 
r  of  the  subject  in  no  respect,  in  his  ^ttv- 
lilr,  <^>r  his  property,  can  be  taken  to 
•liil  iiiitry,  if  I  am  not  as  fully  au- 

I^Mlit'  i^  to  you,  with  a3  much  confi- 

4nC9t  what  the  law  is,  incase  of  treason,  from 
\  deci*'ions,  which  for  centuries  have  been 
"  !  in  courts  respecting  il^  as  [  am  to  state 
M,   ff^im  decision:*  of  courts  respecting 
~|lopeTty,  what  the  law  of  property  is.     I  say, 
1  Me  it  to  be   clear  that  deposing  the  king, 
tTttTl**|^  bt4}  measures  fur  deposing  the  king» 
iai>lfin^  with  foreigners  and  others  to  in-  ! 
rlbc  fcT      '         'nlno;  to  a  foreign  country 

not"  the  kingdom,  or  pro-  | 
J  Ui  i^v   ti.tic  10  that  end,  and   taking  I 
'•lejl  io  ortler  llierctu— conspiring  to  raise 
ection,  either  to  dethrone  the  king,  1 
the  king,  or  oblige  hmi  to  lUter  h\% 
le^  ofL-ovKruinent^  or  to  compel  him  to 
lurs  from  him,  are,  and 
^  Mr.  Justice  Foster  says, 
\  ik^il  111  mtent  to  do  that  trea> 

,  whicli  ued  in  the  statute  to  be 

t  «c1a  ul  tiCii^ii  in  compassing  the  k  ing's 

:  Jinary  if  these  great 

Her  holding  the  Ian- 

>  ere  to  be  rcpresenl- 

tiag  themsclve.s  un- 

"  '  r  that  weighty 

I  to  those  who 

ilofjud|;mrnt: 

J  the  words  in 

have    handed 

lite,  who  would 

I  i4h  vahied  the 

rUt«Mi  iUur  iouulry,  b^-lorc  they  would 

ebar^fnl**!*  Itkf»  rase  of  Ircuwiti**  in  an 

diclfliri,!  ,  have  concurred  (^s 

I  the  jii<  I  have  done,  and  the 

'  Iruc- 

^  fact 


I  lia>  c  ut;^il    utjiiju 


y^^K 


uuit  all 


A.  b.  1794,  [25* 

these  things  are  overt  acts  of  the  same  IriBa- 
soUy  that  is  specified  in  the  statute.  What  is 
the  reason  of  it?  because  the  law  holds  that 
he,  who  does  an  act,  meaning  to  do  it,  which 
may  endanger  the  kin^^'s  life,  compasses  and 
imagines  the  death  of  the  king,  if  he  does  ao 
act  which  may  endanger  his  hie,  if  in  the  or- 
dinary course  of  things^  and  according  to  the 
common  experience  of  mankind,  the  measure 
which  he  takes,  in  pursuance  of  a  purpose  to 
take  it,  will  bring  the  king  to  his  grave. 

This  therefore  is  not  raising  constmctive 
treason,  it  is  not  raising  treason  by  analogy, 
it  is  not  stating  *'  like  cases  of  treason^*  not 
specified  in,  but  reserved  by  the  statute  to  I 
judgment  of  parliament^  but  it  is  stating  ov4 
acts,  which  are  measures  taken  in  pursuant 
of  treasonable  purposes,  which  measures 
must  necessardy  be  as  various  in  their  kinds, 
as  the  ways  and  means,  by  which,  in  facta 
and  open  decd^,  taken  in  pursuance  of  its 
purposes,  the  human  heart  manifests  its  in- 
tent to  commit  some  one  or  other  of  the  trea- 
sons speci&ed  in  the  statute. 

Gentlemen,  the  reserving  clause  in  the  act 
is  extremely  material;  and,  if  courts  and  Ju- 
ries have  done  wrong  in  the  manner  in  which 
they  have  executed  this  statute,  if  the  inter- 
pretations, which  they  have  made  of  the  sta- 
tute, arc  not  right,  they  have  done  it  against 
a  prohibition  in  the  statute,  which  they  were 
called  upon  by  their  oaths  duly  to  eirpound, 
and  they  have  done  it  in  the  presence  and 
under  the  eye  of  that  parliament,  which  had 
expressly  forbidden  them  to  do  it*  I  say  the 
conclusion  upon  that  i»,  tiiat  they  have  done 
it  rightly. 

Gentlemen,  the  judgments  of  the  courts  of 
law  are  in  this  country  perfectly  familiar  to 
parliament.  Acts  have  been  made,  over  and 
over  again,  in  order  to  bring  back  the  cxpo«i- 
tions  of  the  law  to  the  true  construction,  to 
the  letter,  which  is  the  true  construction,  in  a 
sound  judicial  sense,  to  bring  it  back  again 
to  the  statute  of  Edward  lird ;  but  we  have 
lived  to  this  hour  without  parliament  tliink- 
iog  that  they  were  to  make  so  perfectly  a  dead 
letter  of  the'letter  of  the  statute,  as  that  they 
should  say  that  an  overt  act,  which  expressed 
and  imported  the  imagination  of  the  mirul  to 
do  tlie  treason  specified,  should  not  be  taken 
to  be  an  act  of  high  treason  witiiin  the  sta- 
tute ;  because  the  statute  only  mentions  the 
thing  which  is  to  be  compassed  and  imagined, 
and  does  not  mention  the  ways  and  meanS| 
by  which  the  human  heart  may  show  and 
manifest  that  it  does  compass  and  imagine 
what  the  statute  speaks  of. 

Grnticmen,  this  is  not  all,  because  this  is 
not  only  according  to  the  law  of  England,  a^ 
it  is  administered  m  covirts  of  justice,  but  als<) 
to  the  proceedings  in  parliament,  which  are  a 
parliamenlary  exposition,  if  I  may  so  slate  il, 
of  the  law.  Proceedings  iu  parfiament  fjavt 
been  had,  where  the  sFatutc  has  been  thus 
construed,  and  where  this  disUnctton  tliat  I 
ans  stating  between  overt  acts  of  the  specified 


not 
ree       ' 


,,a^i_ 


treason  and  Ihe  "  like  cases  of  treason,' *  has 
been  expressly  take  o,  exprc««ily  sictetl  upon, 
proposed  liy  one  huiKe  uf  the   i  "  lo 

tlie  other  hun?***,  m\t\  ruled  upon  ava 

IQ  eiccuiing  llie  «*entciitea  ut  ttiat  hr-m^c. 

Genllemea^  the  disiinr.liori  then  is  only  ihia 
•-"  a  hke  case  of  trP4Vj»>*'  is  a  case  of  treason 
not  spectiied  \n  the  ?tt»lutc,  a  <;tseof  the  like 
luiscriiel.  as  a  CK?,e  i^pecilicd  in  the  stnlnte; 
but  the  identicdl  case  specified  in  the  .statute 
must  be  before  yon,  or,  to  avoid  all  dispute 
upon  the  subject,  I  say,  if  it  be  a  case  thnt  is 
not  specififid  in  the  statute,  it  ii>  a  ca^c  that 
must  be  shown  to  parliament  acxording  to  the 
directions  of  the  statule ;  but  that  facts  alike 
isi their  nature^  that  open  deedt^  alike  in  their 
nature  and  tendency,  however  various  in  their 
circumstances^  muy  prove  the  same  intention 
to  exist  in  the  minds  of  those  who  do  them, 
;ADd  muy  l^  measures,  taken  in  pursuance  of 
the  same  purpose,  and  to  effectuate  the  same 
thing,  )s  a  distmclion  that  appears  to  my  mind 
to  be  perieclly  obvious. 

Gcntktnen,  1  conceive,  therefore,  that  the 
Question  of  compassing  the  king^s  death  is 
tiiis — ^wh ether  ihc  jury  are  fully  satisikJ, 
eonscicntiwisiy  satisfied,  that  they  have  tliat 
evidence,  by  which  they  find  that  the  acts, 
laid  as  overt  acta  of  compassing  the  parti- 
cular specified  treason  mentioned  in  the  in- 
dicUnent,  were  measures  taken  in  pursuance 
t^f  and  to  effectuate  that  treason,  specified  at 
once  in  the  sitatute  and  in  the  indictment. 

Gentlemen,  I  protest  for  myself  I  am  sorry 
to  trouble  you  thus  much  at  large  by  general 
reasoning,  but  you  will  find  Uiat  it  has  an 
applicatiiin,  and  a  close  application,  to  the 
ease.  This  is  an  important  public  cause,  and 
there/orc  we  should  be  thoroughly  understood. 
I  cannot  understand  what  cmifiiruclive  overt 
acts  mean,  though  T  do  understand  constructive 
treasons.  Levying  war  agaiost  the  king,  not 
aeaiuht  hi^  pprson,  but  against  liis  royal  majes- 
iclive treason;  thatis,ifmenassem- 
l  i-r  without  any  intent  to  do  an  act, 

which  in  the  natural  consequence  of  things 
will  affect  the  king's  life,  such  as  pulling  down 
all  prison*  or  houses  of  any  other  description, 
that  is  constructive  treason^  it  being,  by  con- 
struction, as  Mr.  Justice  Foster  says,  against 
the  king*s  royal  majesty,  not  levied  against 
his  person  :  not  one  ^d  the  acts  of  a  more  fla- 

Sitious  kind,  wilfully  done  or  attempted  to  be 
one,  by  which  the  kin;z*s  life  may  te  in  dan- 
ger, but  which  are  levelled  agiiinst  his  royal 
majesty;  these  have  by  construction  been 
Ik- Id  to  bt*  trcASon ;  but  fiven  these  the  legis- 
lature h^iN  ncvr  r  considered  as  not  authoriied 


I 

;  these  they  have 

i"  '  '  ' 

1  upon  in  the  coun- 

uy  &(>  soMM 

r-.  and  constructions  upon 

lh<*  set  fvt  1 

;  many  h:iv<»  hfen  r«»n- 

Y  |,  i,  ,: 

,i;  execution   i'                     cd  ; 

^ 

ii  mer  dnuUed                      law 

t> 

niitiUUS,     But, 

w 

of  compa%m$: 

the  indictment  laYS  the  imagining  andcom^ 
pasting  a"*  the  oltence,  the  overt  act  is  not 
constructive,  the  ^tep  taken  to  effectuat'e  it 
must  be  such  an  act,  wiHully  and  deliberately 
done,  as  must  satisfy  the  con*>cien<  ,  V 

that  there  was  an  intention*  by  il 
otherwise,  to  put  the  kin  -  -  c&,  ui 

which,  accordmp  to  the  riencc 

of  mankind,  his  life  wouUi  ir 

Gentlemen,  I  have  before    i  u^  for 

another  jinmovr  vNTtiiii*  urfv  ^^, ^^  uvert 

act^  of  t«  ^h.     I   wifj 

repeat  iLi  ^  ,        ;  him, — en- 

tering into  measures  to  depose  huu; — consplr^ 
ing  to  imprison  him,**— which  you  obfcrve  ia 
au  act  that  may  be  done  without  an  actu^  ia«- 
tent  to  put  him  to  death,— a  man  may  con* 
spire  to  imprison  the  king  without  an  actual 
intent  to  put  him  to  death,  but  you  will  fund 
the  reason  why  that  is  held  to  bo  compassing 
and  imagining  the  death  of  th«  ktng,  witn 
the  sanction  of  all  times  since  this  statute  of 
Edward  3rd,  and  with  the  sanction  of  every 
species  ofjudiciai  authority,  which  the  coun- 
try could  give;  **  to  get  his  person  into  the 
power  of  conspirators." — Why  is  all  this  Xresr- 
sou  }  *^  Uecausc,"  says  Mr.  JusUcc  Foster, 
^*  the  care,  which  the  law  bath  taken  for  the 
personal  s^afcty  of  the  king,  is  not  confined  to 
actions  or  attempts  of  a  more  lUgitious  ktnd, 
«uch  ai  attempts  either  to  assassinate,  nr  lo 
poison,  or  other  attempts,  directly  and  imme- 
diately aiming  at  his  life;  it  is  extended  to 
every  thing,  wilfully  and  deliberately  done,  or 
attempted,  whereby  his  life  may  be  endan* 
irered  ;  and  therefore  tlio  entering  inlu  mea- 
sures for  '  I  or  imprisoning  him,  or  to 
get  his  [  the  power  of  the  conspi- 
rators,— tiitL>c  uiiciiccs  are  overt  acts  of  trea- 
son within  this  br&flch  of  the  statute;  for  ex- 
perience hath  shown  that  between  the  prisons 
and  tht!  graves  of  princes  the  distince  is  very 
small,"*  and  ei peri euce  has  not  grown  wca" 
upon  thia  subject  in  modern  times;  offem 
which  are  not  so  personal  as  those  &lre 
mentioned,  have  been,  with  great  proprie 
brought  within  the  same  rule,  as  having 
tendency,  though  not  so  immediate,  to  the 
same  fatal  end. 

Lord  Hale,  upon  i"  ^'  r 

conspiracy  be  not  : 

'  ,  '      "'  '  ui     MIC  K'ai^',   tJll^     111',; 

ng  that  in  all  p-i.hi 


risons 


kiKi  iiiugiuiiig  uic  UL-aui  u(  ine  kin^  whcic 


such 

ElCtlC 

a  thm^  as  mr 
>  prove  tlic  com  jt... 
instance  he  gives, 
is  this  ;  **  If  men 
tinj:  by  force  and  a 
\irlikd  to  ccttain  '' 

&  dc<iUi. 
amo  ia  ui 

'  t 

Tlie 
tc\t, 
thel 

hath 
pufi 
U  n. 
king 
thes 

i.e 
'I 

iLrentinllie 

*  Foster's  Crown  L»w»i  dboomaa  1>  chip. 
1.«cct.  9. 


Jhr  High  Treason* 

Vich  has  been  assigned 

r:  •*  for  it  is  m  ctfccl  to 

"dtL^jM^   uim    ol    hts  kingly    jjuvcriimenl/** 

Thttr  arc  the  words  of  JortJ  Hafe  ;  mu}  ilioticli 

1  '       1  ird    Hale  iind    Mi, 

t  in  words,  tliey  are 

lL  V  be  said,  with 

;  a  king  of  his 

the 
,        >the 
all  Judi- 
th; *tt  is 
<iy^  litauiHe  il  i!»  a  tempo- 
'jt  his  kingly  government, 
r^io  this  inter i>reLation  of  the 
•  s  m  dciith. 

<es  not  so  personal  as 
I  wiihin  Ihe  s^ime  rule, 
lency  to  llie  same  fatal  end: 
«o1  ill  war  with  you^  the  of- 
''    "  ^  r     -   ,  ounir)\  or  pro* 
[  ny  step  thereto 

1  ^   i.^.^.i^..v.. ,  into  tliis  king- 

I  uablc  purpose,  can  only  fall 

^  irVi  i»r  Treason  of  compassing 

*  lie  at  war  with  you, 

t  t.s  to  another  species 

o(  tz9saoity  which  is  an  **  adhering  to  the 
bog's  rtremici  f*  and  perhaps  you  will  find 
tet  I  I  have  to  slate  is  not  withoyt 

peon  .  .  J  ce  of  this  species  of  overt  act. 

<Spuilt.ni<:n,  having  staled  thus  much  to 
jgw,  I  proceed  now  to  consider  the  indict- 
Btftti;  lu^  what  1  have  stated,  before  I  men* 
tMned  ihs  sub&tance  of  the  indictment,  I 
liars  itelcd  to  by  in  my  ckim  to  full  credit 
with  yqa,  when  I  aay,  that  no  man  Jiving 
eu  with  to  express  to  you  more  strongly 
UiiQ  t  wifth  to  do  (we  have  indeed,  each  of 
111^  ^  ,-r.  %♦  nn  ititfTe«t  HI  the  truc  construc- 
boci  I- :  .  as  any  other  man  can  have 

mil)*  Uw  of  treason,  in  consider- 

ing tba  charge,  that  I  have  brought  before 
foa  aukr  the  command  that  has  authorized 
wm  tP  hm$  tl  here,  must  not  be  extended  one 
ittllr  if^ttj  beyond  \rhnt  is  the  cslabUshed 
law  u  tied  as  the  law 

Ut    V  ny     that   you 

hmtg^i  \  t  ^  ou  taay  j^ive  to  whom  you 

CScwii*!  '      ijent,  finding  several 

MfMifMlMJ  ;  separately,  though 

wdittr^*  -  1  particular  act, 

^tMtij  ,    has  tliarged 

f^it^  iind 

•li  -  :     .,.     vn  to 

veil  act  to  mii^ 

with  jiMcling 

inl    a 

-ft  to 

Wbt;  n]y  a 


A.  D.  HM* 


[258 


hut  to  be  held  ft  and  in  or^cr  that  the 

persons  to  be  at  tuch  convttttion  and 

meeting  should  and  mighty  wickedly  ttnd  (rai^ 
torotnli^,  without  and  in  drfiancc  of"  the  fiutho' 
rit^^  and  (tgaimt  the  »»//  qf  Ihe  parliament  of 
(hi*  Hn^dofft^  f^ulroett  itnd  niter  the  (egtdature^ 
r«/f,  and gtrrcrn/nrnt  estahlisfifd  in  tt,  and  4€* 
pose  the  king  from  (he  rnyal  itatef  titles  power ^ 
and  gmurnrntnt  thereof* 

It  then  charges  ihtin  with  having  com- 
posedf  written,  and  published,  and  caused  to 
be  composed,  written,  an<l  pubhshed,  divers 
books,  pamphlets,  letters,  instructions,  reso- 
lutions, orders,  dccbralions,  addrest^es  and 
writings,  such  hooks,  pamphlclSj  letters,  in- 
structions, res43lutions,  orders,  declarations,  ad- 
dresses and  writings,  so  respectively  composed, 
written,  published,  and  caused  to  be  composed^ 
written,  and  publis^hcil,  purporlins;  and  contain- 
ing therein  (among  other  things)  incitements, 
encouragements,  and  exhortations,  to  move, 
induce*  and  persuade  the  subjects  of  Itjc  king 
to  choose,  depute,  and  j^end  personi*^,  as  dele- 
gates, to  compo*^c,  not  a  convention,  but 
stCH  a  convention  and  raceling,  that  is^  a 
convention  to  ad  in  the  manner  that  the  first 
ot>€H  act  hat  stated  i/,  to  be  holdtn/or  the  f  rai- 
ioroui  purpoics  before  mentioned. 

It  then  Estates,'  as  a  thud  overt  act,  consul- 
lations  among  them,  how,  when,  and  where, 
tuch  convention  and  meeting  should  be  as- 
sembled and  held,  and  by  what  means  the 
subjects  of  the  king  might  be  induced  and 
moved  to  send  persons  as  delegates  to  con- 
stitute it. 

Il  then  charges,  that  these  persons  did  con* 
sent  and  agree,  that  Mr.  Joyce  and  several 
other  persons  named,  shojibf  meet,  confer, 
and  cO'Operate  among  themselves  and  with 
other  traitors,  to  cause  the  cahin|j(  and  assem- 
bling such  convention  and  meeting  for  suck 
traitorous  purposes. 

It  then  charges  the  providing  of  arms,  of 
different  descriptions,  fur  the^e  purposes ;  and 
then  it  charges  a  conspiracy  lo  make  war  in  tho 
kingdom,  and  it  charges  a  con spuacy  to  subvert 
ana  alter  the  legislature  and  government  of 
the  kingdom,  and  to  depose  the  king  t  that 
is,  as  I  understand  it,  that,  if  you  should  not 
be  satisfied  that  the  calling  such  a  convention, 
as  is  mentioned  in  the  first  part  of  the  indict- 
mcntt  was  a  mean  to  effectuate  that  com- 
passing and  imagination y  which  is  mentioned 
in  the  introduciury  p;krt  of  the  indictment. 
Yet  vou  will  find  in  the  cvidenct*,  whiclj  is  to 
be  laid  before  you,  even  if  you  pay  no  atten- 
tion lo  that  circumstiiicc  of  callinL;  a  conven- 
tion, sufficient  evidence  of  a  conf^jiruci/  to  de- 
pute the  king. 

It  fhrn  states  acr^in,  that  they  pyblished 
K'v  r  in  Alters  of  the  sara« 

kiii  .  about  the  traitorous 

J>urpo^LS  la^i  mcht^ntd ;  and  citargcs,  as  a 
arthrr  overt  act,  provuliug  arms  for  thai 
purpose. 

Now,  gentiemen,  havjim  before  stated  to 
you,  thai  a  conspiracy  ladcpojetheking,— 

;> 


259] 


35  GEORGE  III. 


Trial  of  Thonat  Hardy 


[S60 


ami  I  have  not  slated  it  to  you  in  my  owii 
vortl'^,  but  ill  the  words  of  the  authorities  I 
nicnlioiu;*!, — ihsit  a  ronvpiracy  to  depose  the 
kiiiLs  thiit  II  <  oiispiracy  to  imprison  tlie  iiiiip, 
a  Ciiiisjiiriuy  to  procure  an  invu.tion,  witli 
steps  tiikcM  \ii  eHcctuale  fucIi  a  conspiracy  (a 
coiii-pi-.u>  iinitrd  itncirij«:iiig  a  step  for  tliat 
piirpo^'f  J,  is  lie.ison ;  yoii  will  observe  that 
in  thi.-s  iii(ii(  tnicnt,  a  conspiracy  to  depose  the 
king  i>  t.yprr&^ly  charged,  and,  1  think,  it 
will  hf.  (Unrly  proved.  If  a  conspiracy  todc- 
pobC  the  kini;  he  an  overt  act  of  hiiih  treason, 
permit  me  th.vu  t^o  a^^k  yon,  what  can  a  conspi- 
racy to  suIjnmI  I  ill;  moiianliv  of  llir  country, 
incliidiiii:  hi  it  tli«  dcpo^ilh^n  (jf  the  kinu%  he, 
but  an  overt  .ut  c,f  liiLli  tna^on  r  In  the  (»b- 
jcct  of  such  a  con-pir.u  y  the  kinj;  is  nece*»'*a- 
rily  involved,  and  it  i-  already  shown  ih.it 
conspiiin:!  to  depo>je  him  is  compassing  his 
death. 

Cientlemcn,  read  as  yon  are  in  the  history 
of  the  countrv,  i-ive  \uv.  I»a\«-  lo  ask  you,  \( 
measures  had  been  taktn,  aii<T  the*  devolu- 
tion, to  cfli-ctuate  a  con>pir;icy  to  dethrone 
kinj;  WiJIiiini,  and  to  reMore  king  James 
^'itliout  all  donht,  the  measure  taken,  would 
Iiave  constituted  the  crime  of  liij;h  treason 
ivithin  the  clause  of  compassing  the  kinj^V 
death,  althoui^h  the  conspirator^  could  have 
been  shown  satisfurtorily  to  have  no  more 
meant  the  actual  nutural  death  of  kin;; 
AVilliam,  than  they  mrant  the  actual  natural 
death  of  king  .hnnes,  whom  they  intended  to 
replace  upon  the  throne— but  what  says  the 
law  to  that ;-  the  law  ^ays  you  cannot  mean 
to  depos«;  the  king  without  meaning  to  en- 
danger his  lili-,  and  if  you  mean  to  endanuer 
his  life  you  nni-jl  abide  theconsetpnnces  ot^^it. 

Tut  it  another  way — If  the  project  had 
been  to  depose  tlie  same  king  William,  and 
measure*^  had  been  tuken  nj)on  it — not  with  a 
view  lo  brintr  back  to  the  throne  king  James 
2d,  but  incniy  to  send  back  king  William  to 
his  former  ch.irartcr  of  I'rince  of  Orange,  and 
not  In  reslnrf  king  James,  but  to  restore  a 
connnonwcdth,  wliich  is  what,  I  think  I 
sliall  sili'-fv  you,  tho>e,  who  are  charged  by 
this  iniliitnunl,  meant  by  **  a  full  and  fair 
repreH'nl.'.li.)n  ol  the  p.euple,"  whether  you 
call  it  *•  a  lull  and  fair  repre.-entalion  of  the 
people  in  parliament,"  or  do  nuL  u^e  the  words 
"  in  jiarlrnnent,"  can  a  lawyer  be  found  to 
say,  that  it  (oiild  be  stated  in  law,  that  it  is 
not  hiuli  trea-on?  I  do  not  know  what  may 
not  be  >X'aU  d-  all  that  I  mean  to  say  at  pre- 
sent is  that  a(C(»rding  to  the  be>t  lights 
"which  I  can  L:rt  of  the  law  under  which  1  have 
lived,  it  doc."  not  :.pj»ear  to  me  lo  be  probable, 
that  any  man  will  so  state  it.  I'ar  be  it  from 
me,  how<-v(T,  to  have  the  vanity  to  say  that 
(avowiuLT  that  1  should  certainly  not  think  of 
encountering  the  curn'nt  authoiilies  of  the 
country  for  centuries)  I  am,  without  the  pos- 
sibUity  of  contnuliction,  slating  that  I  am 
following  the  authorities  of  the'  countrv  for 
centuries ;  l)ut  1  am  ready  to  sav  this,  tnat  I 
cannot  conceive  or  imagine  b)[  what  species  of 

wiling,  or  upon  wEat  priucipic,  or  upon 


what  authority,  il  is  to  be  contended,  that 
this  would  not  have  been  high  treason. 

Gtntfemcn,  take  \\  another  -wa^f— if  the 
regicides  of  kinc  Charles  1st  had  been  tried 
for  compassing  the  death  of  king  Charles  IsL 
supposing  they  had  only  deposeahim,  instead 
of  putting  him  to  dcatii,  could  they  have 
contended,  that  though  they  would  have  bees* 
guilty  of  high  treason  if  they  had  placed  an- 
other individual  upon  the  tlirone  (which  would 
have  been  alike  to  the  case  I  have  put,  of 
( ons|)iring  to  put  James  in  the  place  of  WU- 
liani),  coidd  they  have  contended  then,  that 
they  were  not  guilty  of  high  tieason,  because 
iIkv  deposed  the  king  without  substituting  an- 
other king  in  his  place;  and  because  they  left 
the  government  to  be  tilled  up  by  the  common- 
wealth, without  a  king  ? 

(.Ii\e  me  leave  lo  ask  another  thing — sup- 
pose  it  had  happened  after  king  William  came 
to  the  throne,  that  not  lluise  events,  which 
did  adually  happen,  took  place,  but  that  any 
set  of  men  in  tliis  country  should  have  ven- 
tured to  meet  in  a  convention  of  delegates 
from  iithliated  soci'-ties,  tor  the  purpose  of 
deposinij  king  William,  under  pretence  of 
as>embhng  a  convention  of  the  people,  having, 
or  claiming  the  civil  and  political  authority  of 
the  country,  and  intending  to  have  no  kingm 
the  country,  would  it  have  been  possible  in 
king  William's  time  lo  have  contended,  be- 
cause they  met,  under  pretence  of  being  a 
convention  of  the  people,  assuming  to  them- 
selves civil  and  political  authorily,  and  with 
such  meaning,  that  the  conspiracy  was  not 
a*  completely  a  compassing  the  death  of 
king  William,  as  if  tlie  conspiracy  had  been,  by 
the  same  persons,  in  the  case  of  afhliated  soci- 
eties, forming  the  like  convention  of  delcMtcs, 
to  bring  king  James  again  to  the  throne? 

If  I  levy  war  hi  this  country  against  the 
khig,  with  intent  to  bring  another  upon  the 
throne,  I  am  guilty  of  high  treason.  If  1  levy 
war,  that  is  an  overt  act  of  compassing  the 
king's  death.  If  f  conspire  to  levy  direct  war 
that  is  a  compassing  ot  the  kin<^\s  death,  ui^ 
less  all  the  branches  of  the  legislature  have 
put  a  man  to  death  upon  an  error.  If  I  hold 
a  fortress  *  against  the  king  lo  put  another 

*  "  Holding  a  castle  or  fort  against  the 
king  or  his  tri»ops,"  says  Mr.  Kast,  **  if  actual 
force  be  used  in  order  to  keep  possession,  is 
levying  war,  but  a  bare  detainer,  as  suppose^ 
by  shutting  the  gates  against  the  King  or  his 
tro<jps,  without  any  other  force  from  within, 
lord  Hale  conceiveth,  (says  Mr.  Justice 
I'oster),  will  not  amount  to  treason.  The  last- 
mentioned  judge  has  not  told  us  what  degree 
of  approbation  he  gives  to  this  instance  of  a 
detainer,  which,  as  he  says,  lord  Hale  con* 
ceives  not  to  be  within  the  statute. 


f  To  these  words  I  find  the  following  note 
by  Mr.  Hargrave,  in  his  copy  of  £ast*s  P.C. 
now  in  the  libraiy  of  the  British  Museum: 
■*  Note,  that  the  supposed  case  conies  fiom 
Fosleri  not  from  Uale,'' 


961] 


Jw  High  Treason. 


A.  D.  179k 


[262 


upon  his  throne,  I  am  guilty  of  high  treason. 
Am  I  guilty  of  noofi'eucc  if  £  do  the  &ainc  acts 
not  forthejpurpose  of  continuing  the  monarchy 
of  the  country  in  another  person,  but  for  -the 
purpose  of  destroying  the  monarchy  altoge- 
ther? What  is  this  but  doing  an  act  mvolving 
in  it  high  treason,  and  more?  High  treason 
in  deposing  the  king!  more — in  bringing 
about  all  that  additional  anarchy,  which  we 
knoWy  which  the  experience  of  mankind 
proves  to  be  consequent  upon  the  cliange, 
where  the  change  is  not  only  of  the  persons 
vho  administer  the  government,  but  of  tlic 
government  itself,  if  destruction  can  be  called 

Gentlemen,  to  assert  thercrore  that  mea- 
sures, taken  for  a  total  subversion  of  the  mo- 
narchy  of  the  country,  including  in  it  an  in- 
teation  to  depose  the  king  (mark  the  words,  I 
state,  including  in  it  an  intentioji  to  de^tose 

**  It  may  be  fairly  questioned,  whether 
there  be  not  many  instances  of  constructive 
levying  of  war  far  short  of  the  real  guilt  and 
consequences  of  such  an  act,  and  much  less 
within  the  true  meaning  ofthestat.  25  Kd. 
Srd?  Lord  Hale  prefaces  the  passage  in  question 
thus:  If  B.  either  Jortifj/  his  awn  h(tuse,  or 
the  house  of  another^  with  weapons  thfcnsive 
or  intasite,  purposely  to  make  head  against 
the  king,  and  to  secure  himself  against  the 
king's  regal  army  or  forces^  then  that  is  a 
^trying  rf  tear  againU  the  kin^.  He  then 
iTOcecds.  But  the  bare  detaining  of  the 
king's  castles  or  ships  seems  no  Ictying  of 
rcr  tcitkin  this  statute,  Ath\  his  lordship 
refers  to  a  subsequent  part  of  his  work,  where 
he  grounds  his  reasoning  solely^  on  the  stat. 
U  fjiz.  c.  1.  having  enacted  the  same  thing§ 
during  the  queen's  life.  This,  if  it  stood, 
alone  would  not  be  a  concUinivc  argument,  as 
might  be  proved  by  many  lyassage**,  as  well 


the  kin!:\  are  not  overt  acts  of  cninpassing 
the  kinj;'s  death,  merely  benni^'C  llw  >talntc 
of  Kdward  3rd,  lias  liot  included  all  overt 
acts  in  words,  but  as  left  to  juries  todctnrniine 
what  are  overt  acts,  by  which  they  (an  proba- 
bly attaint — to  assert  iliat  the  bUilute  does  not 
include  the  case,  because  it  ir;  coin  passing  the 
deatli  of  the  king,  «//(/  wore;  iftliis  were  to 
be  asserted  in  a  court  of  justice  (what  is  as- 
serted out  of  a  court  of  justice  no  man  pays 
much  attention  to),  1  should  certainly  say  of 
it,  that  it  was  the  assertion  of  those  who  had 
ill  considered  the  law;  and  if  ass(.Ttcd  out  of 
a  court  Oi' justice,  and  with  a  reterence  to  what 
is  to  be  done  in  a  court  of  justice,  I  should 
say  it  deserved  to  have  an  observation  of  a 
harsher  kind  made  upon  it. 

This  indictment,  besides  charging  a  conspi- 
racy to  depose  the  king,  in  express  terms,  of 
which  I  shall  insist  betore  you  there  is  abun- 
dant evidence,  charges  a  conspiracy  to  cull  a 

himself,  with  the  same  intent?  lur  the  man- 
ner of  pulling  the  first  case  suj>poscs  that  no 
resistance  has  been  actually  made.  f)n  the 
contrary,  is  not  the  latter  case,  put  by  lord 
Hale,  as  much  at  least  within  the  na^on  and 
contemplation  of  the  stat.  'io  Ed.  3rd,  as  the 
former  one  ?  Is  not  the  art  of  ibrtifying  a 
private  house,  which  may  happen  from  caprice 
of  a  more  equivocal  nature  in  it^^elf  than  that 
of  a  governor  of  a  fortress  refusing  to  deliver 
it  up  to  the  king  upon  his  sununons,  and 
shutting  the  gates  against  him.  A<imilting, 
that  this  latter  is  not  conclusive  evidence  of  a 
traitorous  intent  any  more  than  the  otiicr; 
yet  surely  it  seems  sutlicicnt  to  Ic.ivc  to  a 
jury.  Jt  is  holding  a  castle  af^mnst  the 
king,  which  is  as  much  an  act  tjf  hostility, 
and  a  throwing  oft'  of  the  allegi  luee  due  to 
of  the  ordinary  preparali*.ns  of 


hiin,  as  any 

-..g...  .^^  , J   J   , -a-,  -     war  are  admitted  to  fall  within  the  distription 

fts  by  the  express  declaration  of  the  same     of  levyiiig  war,  though  no  act  of  lor'C  has 
author.     I5csides  which,  that  statute  was  cer-     been  in  fact  exerted.     In  the  caj»e  of  I'lc  earl 


tainly  creative  of  new  treason;  lor  it  makes 
iht  wilful  and  malicious  burnmgof  the  queen's 
ships  treason,  without  any  farther  mialifica- 
tioo.  But,  most  of  ail,  I  fmd  it  dimcult  to 
reconcile  this  opinion  with  the  preceding  part 
fS  the  passage  which  I  have  referred  to;  for, 
supposing  a  treasonable  intent  to  exi'^t,  what 
.^uiid  distmction  can  there  be  belweena  man'b 
fortitying  his  own  or  anotlicr's  house,  pur- 
posely to  make  head  against  the  king,  and  to 
secure  himself  aguin>t  the  regal  Ibrces 
{which  is  admitted  to  be  an  overt  act  of  levy- 
ing war),  and  the  ca^^e  of  one  who  detains  the 
posrcssion  of  the  kiii::*s  own  fortress  against 

i  "  I  do  not  so  understand  lord  Hale.'* 
llarerave,  ut  sup. 

5  **  Not  quite  so ;  I  apprehend  lord  Hale 
j>uis  the  case  of  a  hare  detaining ;  the  sta- 
tute that  of  a  c2e/ainin^'  maliciously  or  rebclli- 
'Tvfy  with  force f  and  not  rendering  the  same 
KkAm  six  days  qfier  proclamation,'^  Har- 
graTc.iUiifp. 


of  Essex,  it  is  even  said,  that  keeping  armed 
men  against  the  king's  command  is  a  levying 
of  war  against  him  (but  this  mu^^l  be  uiider- 
stoofl,  that  the  purpose  for  which  thcv  were 
armed  was  treasonable),  whicli  is  a  far  less 
deci'-ive  act  of  opposition  than  the  ot'ser,  nnd 
lord  Hale  himself,  speaking;  in  .mother  ]>huc 
of  the  stat  '20.  II.  c  13,  say-,  th  it  iliat  p..rt  of 
it  whereby  tiie  rebellious  det.iiuin^  uf  the 
kin;5'scastic*«,  al'ter  summons  by  proclamation 
is  made  hiij;li  treason,  seems  to  be  l^^l^nn 
within  the  slat.  •^.'),  Kd.  :{rd ;  and  both  lord 
Hale  and  Toster,  J.  agree,  thai  if  the  bare  de- 
tainer be  done  in  cnntederacy  with  enesnios  or 
rebel',  that  cireumstanee  will  niuKt  ittrea>on, 
in  the  one  case  under  the  clause  oi  a«lhering 
to  the  kinz'*^  enemies, in  the  other  iiiuKr  that 
of  Icvyini;  war.  The  same  rule  applies  to  the 
delivery  up  of  a  ca**tle  to  rebels  or  enemies, 
by  treachery,  and  in  combination  with  ihem  ; 
but  not  if  it  happened  through  cowardice  or 
imprudence."  1  East's  Tlcas  of  the  Crown 
ch.  3,  s.  14. 


SS  GEORGE  IIL 

leonvention  againit  the  wilL  in  dijiance  nf^  and 

^mnsiihe  authority  of  parliafmnt^  for  the  pur- 

^  ou  qfdtpovwg  the  king ;  it  charges  farther  acts* 

pamely,  thut  they  caused  to  be  composed  and 

rritten  divers  books»  pamphlcls,  letters,  in- 

uctions,   resolutions,  oraers,   dcclarAtious, 

ddresses,  and   writings,  containing    incite- 

^toents,  induccmcDls,  and  exhortalionfi,  to 
move,  seduce,  and  ^tersuade  the  subjects  of 
ihe*4(in^  to  send  delegates  to  tuch  canvention  ; 
as  to  which  1  say  ut  many  of  them,  though 
I  did  not  know  their  real  character  till  I  had 
fieen  them  all  together,  that  they  arc  both 

I0vcrt  ajCtS|  and  evidence  of  overt  acts  of  high 

llreason. 

Now»  before  I  state  to  you  the  particulars 
Df  the  evidence,  I  am  afraid  I  roust,  however 
iinful  it  is  to  me  to  ask  so  ^reat  a  portion  of 
^our  attention,  trovible  you  with  some  general 

[observation^  that  I  think  will  have  a  lenden- 

ley  to  render  intelligible  to  you  the  complicate 

Ifd  mass  of  evidence,  which  I  have  to  lay  be- 

fibre  you. 

Gentlemen,  the  convention,  meant  to  be 
called  by  those  who  are  charged  with  the 
conspiracy  in  tbia  indictment,  was,  as  1  coU 
lect  from  the  effect  of  the  evidence,  a  conven* 
tion  of  persons,  who  were  to  assume  the  cha- 
racter of  a  convention  of  the  people,  claiming, 
fkt  such,  all  civil  and  political  authority,  pro- 
posing to  exercise  it  by  altering  the  govern- 
ment, otherwise  than  by  acts  of  the  present 
constituted  legisbture,  otherwise  than  by 
those  statiites,  according  to  which  the  king 

I  has  sworn  at  the  hazard  of  his  life  to  govern. 
Gentlemen,  if  tliis  Is  made  out,  it  appears 

J  fo  me  to  follow  necessarily  on  the  part  of  all 

|/|ivho  took  a  step  to  assemble  it,  that  they  are 

fuilty  of  a  conspiracy  to  depose  the  king,  to 
^  epose  him  from  the  character  which  he  hohls 
\  in  the  constitution  of  the  sovereign  power  of 
[this  kinedora,  as  by  law  established,  that  law 
I  l>y  which  I  again  repeat  to  you,  he  is  iwora 
f  to  govern* 

uentlcmen,  if  thay  conspired  to  assemble 
j  ina  conveniion,  which  was  of  its  own  autho- 
rity, and  against  the  will  of  the  legislature, 
»nd  in  defiance  of  it,  to  act  as  an  assembly  to 
i  iabtitule  a  government,  and  to  assume'  so 
iar  sovereign  power,  it  is,  I  conceive,  accorrl- 
ing  to  the  law  of  England,  a  conspiracy  to  de- 
>  pose  from  the  sovereignty  hira,  who  under 
'  the  restraints  of  the  constitution  and  the  law, 
flow  holds  thut  sovereignty.    There  cannot 
be  two  sovereign  powers  xn  a  state;  there  may 
lie  a  compi legation  of  authorities  vested  in  a 
great  variety  of  persons,  making  up  one  sove- 
r  'V         iiinot  be  two  sovereign 

^  ]"jssib|e.  If  a  meeting 

1 1  uion  of  the  people,  arro- 
|n  s  all  civil  and  political  au- 

til.    -.   ...i  meaning  to  <t}i^crctse  it, 

i)nc  or  other  ot  these  consequences  must  fui- 

iha    Vmi   iilxl    iJh;    [niriLniuTit    inuvf  l.r 


Trial  of  Tliomiti  Nard^ 


[26* 


be  obedient  to  the  king  and  parliament,  if 
cannot  effect  its  purposes ;  it  is  impossible  :  If 
its  purpose  be  to  depose  tlie  king,  1  say,  a 
conspiracy  to  call  such  a  meeting  is  an  overt 
act  of  high  treason* 

Gentlemen,  1  beg  your  attention  to  my  ex- 
pressions :  if  the  meeting;  means  to  oblige  tlie 
king  and  parliament  to  be  obedient  to  them 
by  the  exertion  of  open  force,  though  it  may 
not  effect  its  purpose,  that  makes  no  difference, 
the  law  must  be  the  same^ — I  may  be  ivrong 
perhaps  in  stating  the  law,  but  it  appears  to 
me  that  the  law  must  be  the  same  if  the 
meeting  projects  the  purpose,  whether  the 
force  ofthe  meeting  is  sumcicnt  to  effect  the 
purpose  or  not. 

This,  I  say,  is  a  conspiracy  to  assume  Ih© 
sovereign  power:  it  is  a  conspiracy  therefore 
of  necessity  meant  to  depose  the  existing 
power,  and  of  necessity  to  depose  the  king* 
I  say  meant  to  dei>ose;  for  1  repeat  it,  that 
whether  the  conspiracy  is  auccessfui  or  not|  b 
immaterial. 

Gentlemen,  though  the  particular  fact  of 
calling  such  a  convention,  now  alleged  as  an 
overt  act  of  treason,  may  be  represented  to  bo 
new  in  the  history  of  this  country,  it  is  not 
therefore,  and  because  it  is  new  oi  i '  i:h 

as  it  is  more  than  ordinarily  audu  m 

overt  act  of  compassing  the  death  ur  ut  posi- 
tion of  the  kiuL!;,  if  the  intent  of  it  was  to&ub- 
vert  the  sovcrciEn  rulinjj  power. 

Gentlemen,  there  is  another  distinction,  to 
which  I  would  beg  your  attention.  It  is  of 
no  c(jnse«]u*Micc  whether  the  first  rneetfngi 
proposed  to  be  assembled,  wot  dt  signed  to  be  a 
I'onvention^  thai  should  assume  all  civtl  and  po- 
ltlicaluuthoritif,ot  was  onlt^  to  devise  the  meunM 
of  forming  a  constituent  assemhlif^  a  bod^  whick 
should  assmne  it ;  for  any  act*  taken  towaids  i 
assuming  it  against  the  will,  in  defiance 
and  against  the  authority  ofthe  king  and  , 
Uament,  and  removing  him  from  that  ii 
tion  in  the  character  of  sovereign,  wHtdi  ho 
has  in  this  country;  any  act  takeQ  towards 
the  formation  of  a  body,  which  was  toas&ume 
such  authority,  is  an  act  of  conspiring  the 
deposition  of  the  king :  any  act  towards  coi^ 
veninga  national  assembly,  to  art  uitK  >o. 
vereign  power,  not  formed  by  li  iie, 

is  an  act  done  towards  deposmg '  ^,  who 

now  has,  under  the  restraints  of  the  constitu- 
tion, and  the  provisions  and  limitations  of  llie 
law,  the  sovereign  power  vested  in  him.  You 
cannot  set  about  organizing  a  body,  which  is 
thus  to  act,  without  meaning  to  depo^  the 
king,  without  meaning  to  form  a  bony  that  is 
to  usurp  the  powers  ol  government. 

Gentlemen,  I  think  the  evidence,  lliat  I 
shall  lay  before  you,  will  most  abundantly 
satisfy  you  that  tlie  convention,  which  Uie 
persons  ch"ir'.""^  f  v-'"-^-'  tr  +■  -'i  ■rasarorj- 
vcntiun  to  :  ,ic  *ovc 


!»lTtl«» 


Ti'l^n   tJiiWi  r 


^•^  to 


the  kiti^  aiid  p^iU^UAtUii  i  It  iUo  meclu)^  la  tu  I  founded  u|*gu  umvetaiii  9uiinife|  vaiX  the  ai« 


"'  ••^'" 


leged  unalienable,  and,  as  tliey  arc  called,  ini- 

prescriplibie  rights  of  man,  all  the  legUlatkc 
amd  eiccvtive  goremntcnt  of  the  ctmntrj/  ;  that 
»  con*uirai  \  tu  ibis  end  would  be  an  overt  act 
of  hijgh  ireiison,  I  prCMime  cannot  be  disput- 
ed ;  It  tlejiuf^es  the  king  in  the  de&truclion  of 
the  r*  ipil  aliice  in  the  constitution  of  tlie 
State. 

Gentlemen,  I  go  farther  i  if  it  had  been  in- 
tended la  have  retained  the  name  and  office 
of  the  kitig  in  the  tounlrv,  and  to  have  re- 
tained It  itj  the  person  of*  the  present  king, 
creatint^,  however,  b}-  the  anlhority  of  the  in- 
tended  'ctinvtniiijn.  a  new  kaislatnre,  to  act 
iwith  him,  provided  ihey  would  allow  him  to 
act  with  such  new  legist,iture,and  thus  calling 
upon  him  to  act  against  the  express  obliga- 
tions ol  his  coTrmalioo  oath,  if  he  could  forget 
it,  it  *jiill  would  have  been  a  conspiracy  to 
depose  him  from  his  royal  aulhorily,  as  now 
cftlablished:  It  he  refused  to  act,  he  inusl  ne- 
cessarily be  deixjsed  from  that  authority  ;  if  he 
did  accept,  he  wus  not  the  king  of  England, 
as  he  is  e<^tablished  by  law  the  king  of  Eng- 
land. But  he  could  not  accept;  he  could  not 
so  govern ;  he  i*»  sworn  not  so  to  govern;  he 
must  refuse,  must  resisit,  and,  in  consequence 
of  resisting*  his  life  must  be  in  danger. 

Take  it  eUhcr  way,  that  per*^ons  conspired 
to  form  a  convention  to  assume  all  civil  and 
political  authority,  as  pretending  to  be  a  con- 
vention of  the  people  (I   care  not  with  how 
rnuch  a*Kbctty  they  pretend  to  he  a  conven- 
tion of  the  people),  or  to  devise  the  means  of 
constituting  suth  a  convention,  in  order,  and 
v/ith  the  intent,  and  against  ihe  authority  of 
parhamcnt,  that  there  should  be  no  king,  or 
m  order  to  the  erecting,  by  their  own  autho- 
rity, a  new  legislature  to  act  together  with  a 
king,  and  together  with  the  king,  if  they  per- 
mitted the  preterit  to  be  the  king^  I  submit 
that  such  a  conspiracy  is  an  overt  act  in  the 
true  constniclion  of  law,  and  high  treason  in 
compassing  the  king's  death,    1  lie  king  must 
be  deposecT  while  such  a  new  constitution  was 
iraming  j  he  could  not  treat  with  such  a  con- 
tention till  he  had  been  deposed ;  it  could  be 
those  only,  that  had  sovereign  authority,  that 
could  frnmc  a  constitution:  "then  he  is  surely, 
by  this,  despoiled  of  his  kingly  government, 
rcvcn  as  in  a  case,  of  temporary  miprisonment. 
I  repeat  again,  that  he  coy  Id  not,  consistently 
Irith  ivis  coronation  oath,  do  otherwise  than 
reject  it  when  framed:  it  must  be  taken  for 
granted  he  would  reject  it;  his  Ufe,  therefore, 
could  not  but  be  in  danger.    To  suppose  that 
^  mch  a  meeting,  which  proposed  a  new  con- 
ititution^  would  depart  quietly  home,  and  not 
l/Cty  if  it  was  not  accepted,  is* out  of  the  reach 
of  ill  human  credulity ;  it  is  not  according  to 
the  ordinary  course  and  experience  of  man- 
ikindy  to  suppose  that  they  should  meet  in 
[ iftumbcrs,  and  make  no  use  of  their  numbers, 
I  if  the  show  of  them  did  not  produce  the  effect 
\  intended :  this  is  not  according  to  the  ordinary 
course  and  experience  of  mankind.  . 
Gentlemen,  the  king  ia  bi5  parliaiucDt 


could  not  be  the  sovereign  power  the  moment 
the  meeting  coidd  act  as  a  national  consti- 
tuting assetnbly,  or  could  direct,  with  effeci, 
such  an  assembiy  to  meet.  Tlie  power  so  to 
act,  or  to  organize  with  effect  such  a  mccling 
that  should  so  act,  must  pro  tempore  depose 
every  other  power.  This  is  the  character  of 
a  convention  of  the  people,  I  think,  as  given 
in  the  evidence  I  have  to  lay  before  jott. 
With  respect  to  the  defendant,  I  think  I  shall 
satisfy  you  he  conspired  to  call  such  a  conven* 
tion ;  and  that  he  said  that  the  convention, 
which  I  am  to  call,  is  inesislible,  it  ia 
unlimited,  it  is  uncontrollable,  and  that  bjr 
such  a  convention,  my/w//  andfuir  represen- 
tation of  the  people^  or  a  full  and  fair  repr^ 
lentalhn  in  paf/trimenl  (if  you  choose  to  take 
that  expression,  for  it  Is  not  mere  expression 
that  determines  what  men  mean),  is  to  be 
accomplished. 

Gentlemen,  in  the  country  in  which  I  am 
speaking,  when  a  vacant  throne  was  Eiveo  (I 
am  now  alluding  to  the  time  of  kingWiltian^ 
by  those,  who,  as  they  are  stated  m  the  Bill 
of  Rights,  represented  alt  the  estates  of  the 
people  of  this  realm,  to  king  William  and 
queen  INfary,  they,  who  gave  It,  ceased  to 
have  or  to  exercise  the  power  of  sovereignty  : 
in  that  instant,  as  every  lawyer  must  speak  of 
it,  in  that  instant  the  sovereign  power  of  this 
country  became  vested  in  the  king  and  qticcm 
upon  tlie  throne,  to  be  exercised  in  legislation, 
undoubtedly,  with  the  advice  and  consent  of 
parliament,  formed  according  to  the  law  and 
custom  of  the  country — incapable  of  being 
exercised  otherwise,  and,  as  to  the  executive 
authority,  exercised  under  the  control  of  pro- 
visions and  limitatioi^s  of  the  law  and  consti- 
tution, and  with  the  advice  which,  in  every 
act  which  the  king  does,  makes  somebody 
responsible. 

1  insist  that  the  design  of  conspiring  to 
as  scumble  the  people,  who  were  to  act  as  a 
convention  of  Ihe  people,  claiming  all  civil 
and  political  authority,  or  claiming  power  to 
alter,  against  its  will,  ihe  constituted  legisla* 
ture,  or  a  meeting  to  form  the  means  of  bring- 
ing together  such  a  convention  so  to  act,  is  an 
attempt  to  create  a  power  subversive  of  the 
authority  of  the  kin^  and  parliament,  a  power, 
which  he  is  bound  by  oath  to  resist  at  all 
hazards.  But  it  will  not  rest  here :  this  will 
be  sufhciently  proved ;  but  evidence  will  like- 
wise be  offcreu  to  you  as  satisfactory  to  prove 
that  the  express  object  of  calling  this  conven- 
tion, the  express  object  of  appointing  a  com- 
mitte  of  conference  and  co-operation,  which 
was  to  devise  the  means  of  constituting  such 
a  convention,  was  ultimately,  and  finally, 
and  in  their  prospect,  the  deposUion  of  the 
king. 

Gentlemen,  beyond  this,  and  supposing  it 
not  to  be  proved,  tlie  indictment  has  charged 
as  overt  acts,  a  conspiracy,  without  the  mean 
of  a  convention,  and  not  through  that 
medium,  to  depose  the  king ;  if  that  conspi- 
racy is  made  oat  by  olhet  aA^Mbssv^^^^^^asx 


'^'    »^^-^ 


267] 


S5  GEORGE  lU. 


Trial  of  Thomas  Hardif 


[S68 


a  convention,  assuming  all  political  authority, 
nor  a  meeting  to  devise  the  means  of  callinjg 
a  convention,  which  should  assume  all  politi- 
cal authoritv,  was  intended^  yet  the  indict- 
ment is  made  good. 

Gentlemen,  the  indictment  farther  charges 
as  an  overt  act  of  compassing  the  king's 
death,  which  without  question  it  is,  the  con- 
spiracy to  levy  war;  I  do  not  mean  con- 
structive war.  This  I  state,  without  question, 
to  be  an  overt  act  of  compassing  the  king's 
death.  A  rising  to  oblige  the  king  to  aher  his 
measures  of  government  amounts  to  levying 
war  within  the  statute.  A  conspiracy  to  levy 
war  for  this  purpose  is  an  overt  act  of  com- 
passing the  king's  death.  If  they  conspired 
to  form  a  representative  government,  excluding 
the  king  entirely,  which  I  say  is  the  fact,  or, 
if  they  conspired  not  to  form  a  representative 
government*  excluding  the  king  entirely,  but 
yet  to  compel  him^  by  their  own  strength  and 
force,  to  govern  with  others,  and  without 
those,  whicn  he  chose  to  remain  with  him,  by 
whose  advice  and  consent  alone  he  is  sworn  j 
and  bound  to  govern,  I  mean  the  great 
council  of  the  nation,  the  Lords  in  Parliam.ent 
•ssembledy  the  Commons  in  Parliament  as- 
fr.ipMft(1y  according  to  the  constitution  of  the 
eountry,  and  to  substitute  against  his  will, 
and  a^inst  the  will  of  the  present  constituted 
authority  of  the  country  another  authority, 
formed  on  the  principles  of  universal  suflVage 
and  annual  representation,  and  so  formed 
without  the  authority  of  parliament,  X  must 
submit  to  the  court,  and  to  you,  that  conspir- 
ing to  do  this  would  be  an  overt  act  of  treason 
of  deposing  the  king,  and  therefore  of  com- 
passing his  death. 

Gentlemen,  you  will  also  observe  the 
indictment  has  charged,  and  proof  will  be 
offered  to  you  to  make  it  out,  that  these 
objects  were  meant  to  be  carried  by  force,  by 
actual  force. 

Gentlemen,  the  case,  as  I  have  hitherto 
represented  it,  is  not  a  case  aiming  merely  at 
intimidating  the  legislature,  and  inducing  it 
by  an  act  done,  which  was,  according  to  the 
forms  of  the  constitution,  to  bury  the  consti- 
tution in  its  grave,  to  new-mould  the  sovereign 
power ;  the  case  goes  far  beyond  this ;  appli- 
cation in  any  shape  to  parliament  was  not 
only  disavowed,  but  the  very  competency  of 
parliament,  if  applied  to,  to  make  a  law  to 
new- model  the  government,  was  disputed, 
and  denied ;  the  idea  of  that  competency  was 
held  to  be  irreconcilable  to  the  very  principle 
upon  which  these  persons  assembled.  I 
must  however  insist,  and  I  mean  to  do  it,  with 
the  full  concurrence  of  my  humble  opinion, 
that  a  conspiracy  to  compel  the  king,  by  force, 
against  his  will,  to  give  his  assent  to  an  act 
obtained  from  the  iTouses  of  Parliament  in 
order  to  alter  the  government  andfirame  of 
the  constitution  of  the  country,  whether  it 
was  obtuned  from  the  two  Houses  of  Parlia- 
menty  or  either  of  them,  by  overawing  them, 
or  not  overawing  theov— thai  a  conspsacy, 


by  force,  to  compel  the  king,  in  the  exercise 
of  the  highest  and  most  essential  act  of  the 
sovereignty  of  this  country,  in  the  act  of  giving 
his  consent  to  such  an  act,— to  compel  him, 
by  force,  to  do  that,  is  unquestionably  an 
overt  act  of  treason  in  deposing  him,  and  in 
compassing  his  death.    It  is  neither  more  nor 
less,  to  explain  it  in  a  word,  than  to  substitute 
the  will  ot  tlwse,  who  conspired  to  force  him, 
in  the  room  of  that  royal  will,  in  which,  and 
by  which  alone,  the  iaws  of  this  country,  and 
the  constitution  of  this  country,  have  said 
that  a  bill  ^however  obtained  before  it  comes 
to  him)  shall  receive  the  authority  of  a  statute. 
Gentlemen,  I  have  thought  it  necessary  to 
state  thus  much  before  I  come  to  state  the 
circumstances  of  the  case,  and  I  will' state  to 
you  in  a  word  why.    It  is  not  to  be  expected 
by  persons,  who  execute  the  great  and  impor- 
tant duty  in  the  great  and  important  station, 
the  functions  of  which  you  are  now  called 
upon  to  execute,  that  council  at  the  bar  shall 
be  able  to  state  to  3'ou  law,  that  no  man  can 
question  the  soimdness  of:  nay,  gentlemen,  it 
is  not  to  be  expected  by  you  that  counsel  at 
the  bar  should  be  able  to  state  to  you  in  all 
cases  law,  which  men  of  grave  character,  and 
excellent  understandings,  of  great  reason,  and 
great  experience  in  their  profession,  may  not 
dispute  tne  soundness  of    It  is  the  duty  of 
counsel,  more  particularly  it  is  the  duty  of 
that  counsel,  who  ought  to  remember  that,  if, 
in  nrosecutine  the  subject,  he  presses  him 
unfairly,  he  betrays  in  the  most  essential 
point  the  duty  which  he  owes  to  the  sove« 
rci^n :  it  is  his  duty  to  endeavour  faithfully 
and  honestly  to  explain  and  expound  the  law, 
that  is,  to  apply  to  the  facts  of  the  particular 
case,  reasoning  upon  the  law,  accormng  as  he 
is  able  to  do  it,  in  the  exercise  of  painful 
industry,  exerted  under  the.  reflection  that  he 
is  under  much  obligation  at  least  to  endeavour 
to  represent  the  law  truly. 

Ocntlemcn,  I  have  thought  it  my  duty,  in 
a  prosecution,  the  principles  of  which  interest 
the  civil  happiness  of  all  mankind,  to  mention 
distinctly  and  fairly  what  are  j^the  principles 
upon  which  I  proceed;  I  have  n(»  doubt  in 
my  own  mind,  but  that  I  have  stated  these 
doctrines  as  the  law  of  England  would  state 
them,  and;  I  claim  from  you  and  from  the 
public  that,  in  the  fair  exercise  of  my  duty, 
conducted  under  such  a  sense  and  understand- 
ing of  that  duty,  as  I  have  now  explained  to 
you,  you  and  they  will  do  me  the  credit  at 
least  to  think,  that  the  principles  which  I 
have  stated  are  such  as  I  believe  to  be  sanc- 
tioned by  the  law  of  England. 

Gentlemen,  I  shall  presume  for  a  moment, 
after  having  read  to  you  the  indictment,  and 
given  you  that  exposition  of  it,  which  I 
numbly  offer  to  your  attention,  that  the  law 
has  ^at  least,  according  to  my  judgment,  it 
certainly  has)  been  compliecf  with  in  this 
respect;  namely,  the  indictment  lias  told  you 
witn  sufficient  certainty  what  it  is,  that  is 
meant  to  be  imputed  aa  an  overt  act  of  com* 


969] 


Jot  High  Treason* 


passing  the  king's  death.  It  is  not  necessary 
to  be  disputing  that  now,  because,  if  I  have 
foiled  in  the  due  execution  of  m^  duty  in  that 
respect,  the  prisoner  cannot  be  nijured  by  it. 

(ientlemen,  1  have  before  said  to  you, 
that,  in  a  case  of  high  treason,  tb.c  evidence 
must  nut  only  be  convincing,  hut  it  must  be 
formal ;  and,  though  the  object  of  the  security 
of  the  person  and  government  of  the  king  is 
the  highebt  object  that  the  law  has  looked  to, 
yet  1  must,  at  the  same  time,  inform  you, 
that  the  law  for  the  security  of  the  public, 
which  is  iu  truth  part  of  the  object  involved 
in  the  ot'fcct  of  the  security  of  the  person  and 
govcmmcnl  of  the  kin"; — is  csseutially  united 
with  it— and  inseparable  from  it:  the  law  has 
required  not  only  that  you  shall  have  one 
witness,  if  he  were  the  most  credible  man  in 
the  world,  to  give  convincing  evidence  of  the 
fatty  but  that  that  convincin^^  evidence  must 
be  rendered  yet  more  conclusive  by  the  testi- 
mony of  two  witnesses ;  that  you  should  at 
least  have  one  witness  to  one  overt  act,  and 
tsothcr  to  another  overt  act  of  the  same 
kpecies  of  treason. 

Gentlemen,  having  stated  to  you  the  pro- 
ject, in  a  general  way.  to  which  I  apprehend 
this  indictment  applies,  I  presume  that  you 
may  possibly  reason  thus :  When  this  incfict- 
ment  charges,  that  these  persons  compassed 
the  death  of  the  king,  and  to  depose  him, — 
that  they  conspired  to  assemble  a  convention 
in  defiance  of  the  authority  of  parliament, — 
to  subvert  the  rule  and  government  of  the 
kingdom,  against  the  will  and  in  defiance  of 
the  legislature, — to  dethrone  the  monarch, 
reigning  in  the  hearts  of  a  great  majority  of 
his  people,  you  will  naturally  ask,— by  what 
process  was  it,  that  such  persons  as  these 
could  cffcctiKite  such  a  purpose  ?  When  the 
indictment  charges,  that  they  composed  a 
great  variety  of  books,  containing  incitements 
to  choose  persons,  as  delegates,  to  compose  a 
convention  for  such  traitorous  purposes, — in 
what  language,  you  will  naturally  ask,  could 
such  incitements  to  such  a  momentous  project, 
have  been  conveyed,  and  to  whom  could  that 
language  have  been  addressed?  When  it 
charges,  that  they  met,  and  deliberated 
among  themselves,  together  with  divers  other 
falM;  traitors, — at  what  time,  in  what  manner, 
and  in  what  place,  it  may  be  asked,  have 
these  )Mwplc  met  to  deliberate  upon  that  pro- 
ject, for  the  accomplishment  of  which  so  many 
persons  must  be  engaged? — By  what  means 
were  they  to  bring  together  the  subjects  of 
the  country,  to  bend  delegates  to  such  a 
traitorous  convention,  to  assume  such  sove- 
reign power?  This  sort  of  question  may  be 
purbued.  I  shall  not  pursue  it  by  observa- 
tions upon  every  overt  act  in  this  indictment. 

Now,  gentlemen,  my  answer  to  this  is  a 
short  one.  I  think  it  will  be  proved  to  your 
satisfaction,  tliat,  as  tliey  meant,  in  the 
words  of  the  act  of  parliament,  to  introduce 
that  svstem  of  misery  and  anarchy,  which 
prtviifed  'm  France,  they  meant  to  introduce 


A.  D.  1794.  [27if 

it  by  the  same  means,— to  proceed  upon  the 
same  principles  to  the  same  end, — ana  by  tiie 
same  acts  to  execute  the  same  purposes. 

Gentlemen,  if  the  experience  of  Europe  had 
not  manifested  what   has  passed  in  France 
(and  this  project  might  perhaps  be  brought 
from  France  into  Great  Britain  by  but  an  m- 
dividual  or  two),  if  that  experience  had  not 
shown  us  what  has  passed  in  France,  to  the 
destruction  of  its  old  government— to  the  de- 
struction alike   of  that   government  which  ; 
they  substituted  in  the  room  of  its  old  go-    \ 
vernment— and  which,  in  the  last  act  of  its   | 
power,  protested  against    I  he    existence   of  ^ 
clubs,  as  incompatible  with  the  security  of  I 
any  country,  I  say,  till  the  subversion  of  go-   ? 
vernment  iu  France  took  place,  and  upon    \ 
principles,  to  a  blind  admiration  of  which  xq    j 
this  country, — a  country  which,  under  the  pe»   f 
cuHar  favour   of  Providence,  is  alike  in  its    ' 
blessings,  as  it  is  in  its  situation,  **  toto  divisot    '. 
orbe  Britannoit,^'  we  have  found  a  disposition 
to  sacrifice  all  those  blessings — it  could  not    ; 
perhaps  have  entered  into  the  heart  of  man    ■ 
to  conceive,  that  a  project  so  extensive  should    < 
have  been  set  on  loot  by  persons  in  nrnnber    : 
so  few ; — that  a  project,  existing  almost  every    i 
where,  should  yet  be  visible  no  where; — that 
a  project  should  be  so  deeply  combined,  and 
complicated, — should  exist  to  such  an  aiOMnt 
inconceivable  extent, — should  be  formed  with 
so    much  political  crafl — it  could  not  enter 
into  the  heart  of  man  to  conceive,  that  it 
should  have  existed  in  any  country,  much 
less,  that  it  was  possible  that  it  should  exist 
in  this  country  ot  Great  Britain  to  the  extent 
in  which  I  am  sure,  whatever  your  verdict 
may  say  upon  the  guilt  of  the  prisoner,  you 
will  be  satisfied  it  has  existed  in  tliis  country. 

But  the  law  of  England  does  not  require 
that  any  such  case  as  this  should  be  proved 
before  you.  If  you  arc  satisfied  tliat  what 
the  indictment  charges  was  imagined,  and 
that  a  step  was  taken  to  efiectuate  that 
intent,  it  is  enough — it  is  not  the  extent,  in 
which  the  project  was  proceeded  upon — it  is 
not  the  extent  to  which  tlie  project  was 
ruinous  —it  is  not  necessary  to  prove,  that  the 
means  were  as  competent  to  the  end  pro- 
posed, as  they  were  thought  to  be,  by  those 
who  used  them.  No,  gentlemen,  the  provi- 
dence of  the  law  steps  in  upon  their  first  mo- 
tion, whether  they  furnibh  themselves  with 
means  adequate  or  inadequate  to  their  pur- 
poses—the  law  steps  in  then,  conceiving  its 
providence  at  that  moment  to  be  necessary 
for  the  safety  of  the  kin^  and  the  security  of 
the  subject. 

The  project,  the  general  character  of  which 
I  shall  give  you,  proving  it  by  the  particular 
facts,  and  applying  the  particular  facts  (for  I 
have  no  rignt  to  give  you  the  general  project, 
unless  1  can  so  apply  the  particular  tacts)  to 
the  person  now  accused,  seems  to  me  to  have 
been  this.  Imported  from  France  in  the 
latter  end  of  the  year  1791  or  1793,  by  whom 
brought  hither  it  does  not  much  matter,  the 
§ 


inlent  was  to  constitute  in  London,  witli 
affiiiate*!  societies  in  the  country,  clubs  which 
were  to  govern  this  country  upon  the  princi- 
ples of  the  French  government,  the  alleged 
uoalieDabler  imprescriptible  rii^hts  of  man, 
such,  as  they  are  stated  to  he,  luconsistcnt  in 
the  very  nature  of  them  with  the  being  of  a 
king  or  of  lords  in  a  government — deposing, 
Iherefore,  the  moment  they  come  into  cxeru- 
lion,  in  llic  act  of  creating  a  sovereiu;n  power, 
cither  mediately  or  immediately,  the  king, 
and  introducing  a  republican  government 
with  a  right  of  eternal  reform,  and  therefore 
MPilh  a  prospect  of  eternal  revolution. 

Gentlemen,  we  have  all  heard  of  a  club 
called  the  Jacobin  Chjb  al  Paris.  Thi!»,  with 
its  affiliated  socielies,— -however  impossible  tt 
liras  thought  that  it  should  effect  such  things, 
—however  wild  the  man  would  have  been 
thought,  into  whose  head  ii^uch  an  imagina> 
tiott  could  have  entered  as  that  it  could  effect 
them»  first  overset  the  old  constitution,  then 
introducct!  another,  which  could  not  exist 
upon  the  principles  which  gave  it  birth,  and 
has  finally  introduced  government  afler  go- 
vernment, till  it  has  at  last  left  the  country 
in  that  nndescribable  state  of  things  in  which 
we  now  see  it. 

Gentlemen,  the  great  end  of  the  persons 
coDcerocd  in  this  project,  though  not  alto- 
gether visible,  or  not  much  disclosed  upon  its 
first  formation,  was,  when  they  had  suih- 
ciently  diffused  their  principles  through  tins 
country,  bv  artifice, — by  union,— by  combi- 
DaUon,  —  by  aOiliation, — by  fraternization 
(those  who  formed  the  project,  whoever  they 
were,  endeavouring  to  force  it  into  execution 
by  means  which  perhaps  would  shock  the 
minds  of  men  that  are  not  always  dwelUng 
upon  political  subjects),  to  assemble  a  con- 
vention of  delegates  from  clubs,  to  assume 
the  power  of  the  people,  supported  in  the 
assumption  and  exercisjc  of  that  power  by 
the  individual  members  of  the  aflSliated  so- 
cieties, and  by  their  combined  strength. 

Gentlemen,  we  have  no  occasion  in  this 
cause  to  be  disputing  upon  abstract  questions, 
MS  to  the  power  of  the  people  to  change  their 
[  ^vcrnment.    I  state  to  you,  that  the  iuten- 
I  lion  was,  to  assemble  a  convention  of  dele- 
I  gates  from  those  clubs^  to  assume  the  powers 
I  of  govcrnmeot.    The  people,  the  infinite  ma- 
jority of  the  people  adverse  to  any  change, 
jj;„^„_..:  I  :^^  i    t,.-,v  ti     »-  --  \j^  the  admi- 

t  lid  vices  in  tlie 

an^Jently  attached  to  the    oM 
must  have  bern  averse  to  have  i .        ,_.,,_. 
by  a  convoiilion  of  the  delegates  from  these 
suciciics,  wlio  meant  to  have  ai^umcd  tlic  re- 
r  J  of  the  people,  and  to  have  cxcr- 

VI  powers  which  they  stated  to  be  in- 

hoft;iat  iu  il)OM  whum  tliey  piofcs^d  to  re- 
prevent. 


bow  jviii/c>uiii  h^^i^u  iiiai  uit  ojiuuc/a  ut.ihue 


Trial  i/  Thomas  Jlardif 

fraternizing  societies  should  have  the  force  of 
the  will  of  a  majority  of  the  nation,  though 
they  constituted  a  vast  and  infinite  unnonty 
indeed.  You  will  find,  in  the  evidciKe  to  be 
laid  before  vou,  th»t  it  was  j^erfee  tJy  under* 
stood  how  this  might  be  l>y  those  who  are 
named  in  this  indiduient.  The  ^reat  bulk  of 
the  community,  cngic;ed  in  diftt'ieut  puriuils^ 
are  therefore  iacapahie  of  being  comlnncd  ia 
opfioMtion  to  ihe  execution  of  a  purpose, 
which  is  to  be  brought  abuutby  great  bodies 
of  men,  thai  are  combine<).  I  need  not  give 
you  a  J I  rouge r  instance  of  it  than  thi%: — Ii  is 
within  the  memory  of  rnost  of  us  hving,  that 
a  few  thousand  men  in  St.  GcorijeV fields, 
combined  in  one  purpose,  reduced  this  metro* 
pohs  to  an  absolute  state  of  anarchy,  a  state 
m  which  no  government  exi'-ted  *  If  any 
man  had  been  a-sked,  a  fortnight  before  the 
event  to  which  1  am  now  alluding,  Is  it  pos* 
sible  for  four  or  five  tliou<§and  men  to  assem- 
ble in  8t.  George's  iietds,  and  to  rob  and 
plunder  every  bo<ly  they  choose  in  London 
and  ten  miles  round  it?  That  would  have 
been  thought  utterly  impossible — but  yet  it 
happened — why  ?  because  a  combination  of 
the  few  will  subdue  the  m^inv,  who  are  not 
combmed,  and  with  great  facility;  and  com- 
bined bodies  of  men  have  had,  as  you  w^dl 
find,  an  existence  in  this  country,  to  an  ex- 
tent which  few  men  had  any  idea  of 

You  will  find  them  or^nized, — prepared 
for  emergencies  and  exigencies, — relymg  upon  ,  y 
their  own  strength, — determined  to'acl  upofi  y 
tlieir  combined  strength,  in  a  system  of  act- 
ing together, — in  some  instances  acting  with 
a  secrecy  calculated  to  elude  observation— in 
other  instances,  proceeding,  by  directly  con- 
trary means,  to  tne  same  end^  "representing 
their  numbers  as  greater  than  \4*ey  were,  and 
therefore  increasing  their  number  by  the  very 
operation  of  the  uiHuence  of  the  appearance 
of  strength  upon  the  minds  of  others,  without 
a  possibility  that  tliat  misrepresentation  should 
be  set  right.  You  will  find  them  inffaming 
the  ignorant,  under  pretence  of  enlightening 
Ihem  ; — debaoching  their  principle^  tou-ards 
their  country,  under  pretence  of  1 1  >- 

hticat    knowledge    into  them ;  —  tj^ 

tliemsclves  principally  to  those  whobc  ngiitf^ 
whose  interests  are,  in  the  eye  of  the  law  nod 
constihition  of  England,  as  v'       '  s© 

of  any  men,  but  whose  cdn  •! 

enable  them  immediately  tu  ^'- 

twcen  poUticai  truth  and  th*  v- 

tions  held  out  to  themi — v  -e 

passions  of  men,   whom    1  ^l 

placed  in  the  lower,  butu^Li,..,  iy 

resptttiible  situations  of  life,  ton  a 

against  all  u-liom  ii^  I'^iunlv  luM  '  ■/ 

aa&igiiin  *- 

pertv,— r  -V 

as  their  ^  ihoAo 

whom  111  .—and. 


*  See  the  caso  of  lord  George  Gardoo  for 
bi^  U6a50%  AMi^t  V'oL  21|  p.  495. 


1 


87SJ 


Jbr  ¥ligh  TreasorL 

ia  Oider,  at  the  same  time,  to  shut  out  the 
pO«t!)Dtty  of  forrcf ting  original  errori  or  rec- 
tif^  those  whom  they  had 

i^  incd)    debauched,   and 

them  into  these  afH- 
^  had  subscribed  tests — 
!  thi*y  were  not  to  exa- 
liccn  admitted^  hut  the 
&ti|jii.>  «-j)    ^viiuti  they  were  to  carry  into 
ilwtci^  wheu  Hssembied  in  a  convention — 
into  execution  those  principles,  as 
for  the  people,  by  a  grciit  majority  of 
1  ihey  were  held  in  utlcr  detestation. 
CenllefDro,  to  say  that  an  act  done  was 
MciBt  to  be  done  as  a  mean^  taken  in  the 
fMCmioD  of  ftuch  a  project  as  this  is,  till  the 
DQ«  ivbo  tikes  it,  thinks  the  scheme  prac- 
Me,  I  ttdmit  is  not  reason^ible,  hut  un- 
bl^ly  he  may  ihhik  it  praclicablc  long 
.  L»aily  so.     Now,  you  will  be  abun- 
rd,  that  these  conspirators  thought 
i>  now  come — thsit  the  time 
which  had  been  the  object 
ij^iuii-  tr\j'«'i^iiitiun,  douhting  tor  a  year  or 
whether  it  would  ever  be  gratified,  that 
time  wan  n<m  come,  and  the  measures 
werf    taken   upon  that   supposition — 
jli  tiif-   Mifptjrtunity  had  arrived,  which,  if 

I  ot  now,  would  be  lost  for  ever* 
TCj  n,  the  people  of  this  country  have 

Id  gcDcfBl  a  rooted  attachment  to  its  govern- 
mtmt,  Tiie  public  opinion  of  government  is 
in  Hot  country,  as  well  as  in  every  other,  its 
fliidffti  S4ipport :  and  therefore  it  became 
meecmmMj  to  infuse,  where  so  much  could  be 
mStilY  lii^ested,  where  the  mind  was  pre- 
wed  for  It,  an  opinion,  thut  the  form  of  the 
Priliih  gciTernment  w<i5  mdically  vicious — 
"*  it  i»m&  '  ''  rn  principles  of  oppress 
nleJ  on  the  destruction 
-uiPj'Ubtc,  and  unahenable 
hers,  you  will  find,  ihey 
irv  io  use  a  little  more  cau- 
lu,  but  to  humour  their 
ni  of  the  constitution, 
of  wcll'meaning  igjno* 
uf  instructing  it,  to  en- 
L  al  1  the  project  of  de*troy- 

»i.  s^t  which  they  were  aV 

To  Ui^uii,  ihcrcfure,  the  torm  of  the 
I  wAt  not  spoken  of  in  terms  which 
;  I  >t  to  be  a  conde  unation 

pi  .e  rCiiDy  such,  hut  by 

r  il  expressions,  such  as 

I   lair  representation  of 
mt  pf*>r'' '  '  1 1 1" — "  a  tul  I  represeu  la- 

Utib  %tf  imclimes  willu»ul  nien» 

lir»«  nf  vf  r  with  actual  mention 

tit  I  cxistin;*  together 

%,  ;  U'rms,  which  cer- 

to  t  It  muy  be  contended 

m  '  !  mesin  ;  but  terms  the 

^■0  1  inly  the  same 

^f%et'  were  used  in 

►untry  during 

Jh,   when  we 

uuLicT  nao  ivitig  im  Ujisxa;  tl^uil  may  sig- 


U  D.  1794. 


[374 


llHI--IM»t  tu 

HlKhflWrot 
tnecL  uimIc  i 


nify  a  g:ovemmcnt  existing  without  Lords  <  _ 
King,  by  declaring  the  obtaining  such  a  re*1 
presentation  of  the  people  as  necessary  to  the  \ 
natural,  unalienable,  imprescriptible  riglits  of  1 
inan,  as  stated  by  Mr.  Paine:  by  these means^l 
and  artifices,   they  attempted  to  engage  ia  f 
their  service  the  physical  strength  of  men.l 
who  might  not  and  did  not  discover  the  real j] 
nature  of  the  plan,  which  that  strength  was 3 
to  be  employed  in  execuling;  who  had  not] 
information  enough  to  discover  what  the  re* 
presentation   was  metint  liniilly  to  do  or  la 
execute.     But  you  will  find  the  persons  men* 
tioned  in  this  indictment  had  no  doubt  about] 
it.     I  mark  these  circumstances  to  ^'ou, 
cause,  in  the  evidence  that  is  to  be  laid  befon 
you  (and  I  am  now  Btating  the  general  cha« 
racter  of  the  evidence,  ananot  the  principle 
upon  which  the  charge  is  made),  in  the  cvi-^ 
dence  to  be  laid  before  you  of  the  plan  for  the 
execution  of  these  purposes,  some  very  re 
markable  particulars  occur;   and  when  vou 
come  to  decide  upon  this  case,  1  humbly  beg 
your  attention  to  those  particulars;  some  very 
remarkable  particulars  will  occur. 

You  wilt  find  that  the  leading  clubs,  hfi 
which   I   mean    the  Constitutional   Society^^ 
judging  of  its  conduct  for  the  purpose  of  thi9^ 
cause,  though  in  some  other  cases  we  must! 
go  farther  back,  but,  for  the  purpose  of  thiM 
cause,  judging  of  its  conduct  from  about  thef 
beginnmg  of  the  year  1792,  and  the  Londo»^ 
Corresponding  Society,  which   was  formed, f 
whether  created,  I  will  not  say,  but  whichj 
was  modelled  by  some  leading  members  of 
the  Constitutional  Society,  and  received  its( 
corporate  existence,  if  I  may  use  the  lerm,^ 
as  it  will  be  proved,  under  their  own  hand*  ' 
writing;    most    distinctly    from    the    hand- 5 
writing  of  some,  who  yet  belong,  and  some,  J 
who  have  ceased  to  belong  to  the  t'onstitu-l 
tionai  Society ;   these  leading  societies,  you] 
Will  find,  enlisting  into  their  afliliation  many  J 
societies  in  the  country,  composed  of  raen^ 
who  expressed  their  doubts  as  to  the  views  of 
these  societies  in   London;    who  e^cpressed) 
their  fears  as  \vell  as  their  doubts  about  thosa 
views;  who  required  information  as  to  thei 
purposes  of  tho!>e  societies  in  London  ;  soma  I 
of  these  societies  in  the  country  profcssingi 
one  set  of  principles,  some  another;  but  aJgi 
assistance  is  taken  that  is  offered :  accordindjf  J 
you  will  see,  that  the  London  societies  enliatf 
persons  who  profess,  "  that  thcv  ought  to  " 
sulimit  to  no  power  but  whiit  they  have  them- 
selves immedidtely    cnnstilutcd :"    to    Ihesa 
they  give  answers,  couched  hj  dark,  cautious,  1 
prudent,      but    satisfactory   and    iolclligiblo 
terms:  those  who  profess  still  to  have  attach- 
ments to  the  monarchy  of  the  country,  and 
who  express  apprehensions  about  its  safely 
from  the  principles  of  the  London  societies^' 
and  the  contbclmg  principles  of  various  coun- 
try societies,  they  sooth  into  tnitcrnization,  by 
lelhng  them  thai  all  would  be  set  right  **  by  a 
full  and  fair  representation  of  the  people  in 
parliament^'' — a  name  which  was  given  to  tbift 

T 


275] 


35  GEORGE  IIL 


Trial  of  Thomas  Hardy 


[278 


Commons  uniler  Cromwell,  as  well  as  to  the 
\  Icgiliruulc  parlianienls  of  this  counlry  at  dif- 
ferent periods,— without  lelling  them  either 
what  these  Wfords  meant,  or  how  that  piirha- 
fnetit  was  to  operate  to  reconcile  these  dif- 
ferences,  wliich  vou  will  find  amounted  o«/yto 
'  the  differences  between  aa  attachment  to  an 
I  absolute  republic,   and  an  attachmeut  to  a 
{'limited  monarchy. 

They  enlist  alike  those^  who  expressed  a 
wish  to  know  whether  they  proposed  to  reform 
the  Huuseof  Commons^  and  those  who  wished 
to  know  whether  tliey  inleud  to  rip  up  mo- 
narckif  hy  the  roots ;  their  answers  were  calcu- 
lated to  satisfy  each  of  them,  to  satisfy  whal- 
i  ever  might  be  the  disposition  of  those,  who 
address  the  questions  to  them,  remiiring  in- 
formation upon  subjects  so  totally  aifferent. 
Gentlemen,  this  is  not  all :   you  will  find 
;  again,  that  for  these  pijrposea,pnblications  upon 
Lthe  government  oi  the  country,    which  arc 
I  alluded  to  in  ibis  indictment,  and  which  will 
L  he  given  to  you  in  evidence,  that  publications 
[upon  the  government  of  the  country  were 
[adopted  by  those  societies  as  their  own,  and 
circulated,  if  I  may  so  express  myself,  in  a 
mass  round  the  cotmlry,  circulated  in  a  man- 
ner, that  totally  destroys  the  liberty  of  the 
pre.«^s  in  this  country, — Thehberty  of  the  press 
in  this  country  never  uught  to  be  under  an 
undue    correction    of   the  law,  but  it  must 
always  be,  for  the  sake  of  the  people,  subject 
itQ  Uie  correction  of  the  law :  you  will  find 
that  the^ie  publications  are  either  brought  into 
the  world  with  such  a  secrecy  as  bafiles  all 
prosecution, — published    without    names    of 
authors  or  of  printers, — pubhshed  by  contriv- 
ance,  I  am  sorry  to  say  by  contrivance  pub- 
lishefl  in  tlie  dead  of  night  (though  they  are 
the  workii  of  men  who  "have  talents  to  stale 
them  to  open  day,  if  lit  to  be  stated  to  open 
dav),  and  published  in  (quantities,  which  niiike 
the  application  of  the  wholesome  provisions  of 
the  law  utterly  incompetent  to  the  purpose  of 
allowing  the  correction  of  the  law  to  be  as 
fre<juent  as  the  commission  of  the  oflences 
agamsl  it  has  been. 

Gentlemen,  wjih  respect  to  many  of  these 
iHiblicalions  I  may  take  notice  of  what  has 
imppcned  in  the  history  of  this  country,  and 
though  no  man  wishes  less  to  talk  of  himself 
than  1  do,  yet  1  am  speaking  in  the  presence 
of  many,  who  have  heard  me  both  in  court 
and  in  parliujuent  respecting  those  publica- 
tions to  \^hich  I  allude  (and  which  will  be 
offered  to  you  in  evidence),  express  the  difli- 
culty  that  my  mind  laboured  under  to  con- 
cede that  suiih  a  publication  mn  tlie  Address 
to  the  Addressers,  was  not,  according  to 
law,  an  overt  act  of  high  treason. — It  did 
appear  lo  mc  that  Hie  pubhcalion  of  the 
book  called  the  Address  to  the  Addrts- 
sor«  was  an  overt  act  of  high  treason, 
for  the  purpose  of  deposing  the  king;  at  least 
I  thought  it  required  an  ingenuity  and  sub- 
tlety, much  beyond  that  which  belonged  to 
lay  mind  I  to  state  {»atisfa£tQry  reasons  why  it 


was  not  30 ;  but  there  were  reasons  salis^ 
tory  to  those  who  can  judge  better  than  I  can 
and  therefore  that  book  was  treated  only  as  i 
hbel  ;^-but  when  I  come  to  see  it,  as  con- 
nected with  the  mass  of  pubhcatiuns  alluded 
to  in  this  indictment, — as  connected  with 
measures  that  I  have  to  state  to  you  in  the 
course  of  opening  this  cause, — and  as  con- 
nected with  the  project  which  this  indicfmeot 
imputes  to  depose  the  king,  I  say  it  is  either 
most  distinct  evidence  of  an  overt  act  of  high 
treason,  or  it  is  an  overt  act  of  high  treason 
itself. 

Gentlemen,  you  will  also  not  Cail  to  obserre 
(and  I  state  it  as  a  general  feature  andcbanw> 
ter  of  the  evidence  that  I  have  to  lay  before 
you) — the  mahgnanl  art,  and  if  I  may  so  ci- 
press  myself,  tBe  industrious  malignity,  with 
which  discontent  has  been  spread  by  Uicsc 
two  societies  in  London.^  and  the  means  of 
spreading  it  have  been  studiously  and  anxiously 
taught  *rom  society  to  society  :^ — the  means 
of  spreading  sedition,  fresh  as  from  London, 
in  everj'  town,  all  with  reference  (for  the? 
are  not  material,  if  you  do  not  find  they  had 
such  a  reference)  to  the  final  accomplishmeot 
of  the  same  purpose  :  you  wnll  not  fail  to  ob- 
serve how  the  passions  and  interests  of  iodiv^ 
duals  have  been  assailed,  and  the  method  of 
assaihng  them  taught,  according  to  their 
stations  in  life— not  merely  upon  government, 
— bul>  for  the  purpose  of  subverting  govern- 
iiit'tu,  upon  tithes— corn-bills— taxes — gatne- 
laws — impress  service— any  thing  that  could 
be  represented  as  a  grievance,  as  well  as  the 
government  itself,  and  to  thi«  intent— tliat, 
m  aid  and  assistance  of  each  other,  si 
as  they  expressed  it,  ''might  overs|*: 
whole  face  of  the  island/'  and  ''  that  the  i-J  j.ml 
might  become  free" — you  wilt  mark  their  ex- 
pressions— "by  tlie  same  means  by  wbkh 
France  became  so/* 

Gentlemen,  in  staling  to  you  the  ehaneter 
of  the  evidence,  it  is  necessary  for  me  lo  make 
oue  observation,  and  it  is  the  last  I  shall  trou- 
ble you  with :  it  is  with  respect  to  the  prin- 
ciples upon  which  construction  is  to  be  given 
to  the  written  evidence  that  will  be  adduced 
in  this  cause,  ^sow  I  desire  to  state  this  to 
your  minds  as  a  principle  perfectly  reasonable 
in  the  administration  of  justice  towards  men, 
who  are  called  upon  to  answer  for  offences 
that  the  language  which  they  use,  ought  to 
be  considered  according  to  its  obvious  sense. 
If  the  language  admits,  and  naturally  admits, 
of  a  double  interpretation,  it  must  then  be 
consi<lcred  according  to  the  nature  of  the  prin^ 
cipie  which  that  language  is  calculated  to 
carry  into  execution  ;  each  paper  must  be 
considered  with  reference  to  the  context  of 
the  same  paper,  and  with  reference  to  the 
cuiilents  of  all  oUser  papers  that  form  the 
cvidcncti  of  the  same  system,  which  the  paptr 
produced  is  meant  lo  prove. 

^ow,  it  ynu  should  find  that,  in  detailing 
the  objccb  uf  this  society,  in  detailing  what 
they  meant  t^  do,  and  in  detailing  buw  they 


9Tn 


Jor  High  Treason, 


A.  D.  1794- 


[27 


loeiiit  to  eieeute  infaBl  tbcy  iiurposed,  thcj^ 
ibcutd  ill  fkct  liave  statetl  Uial  Ihey  meant 
"^at  hiwasle^al, — nor  that  which 

1, — nor  mat  which  was  other 
ticj.!-on>  u  wiU  be  in  vain  that  they  have 
ughl  fit  (for  the  greater  prudence,   the 
r,  and  the  greater  caution  which 
most  abundant  evidence  to  prove 
'     ccasionaJly,  but  add  to  the 
ng  the  danger)  to  assert  at 
,,   ...iLQ   they  have  used  general 
je^  that  what  they  meant  to  efiect  was 
aliil   that  they  meant  to  effect   it  in  a 
itstitutional  manner.    It  will  be- 
who  have  the  defence  upon  their 
,  Ui  btale  to  you  how,  in  a  IcgaJ  and  con- 
Sional   manner    those   thin^^s    could    be 
which  were  intended  to  be  done,  and 
I  this  ladiclment  states  were  intended 
V  dooe«  tl'  I  prove  to  your  ^-.itisfaction  that 
ere  intended  to  be  done  by  the  means 
inuiientSy  wliich  the  indictment  refers 

Ef*—.!^^-,^  of  the  jury,  their  principle,  as 
fj  f,  was,  that  equal  active  cttizen- 

fkiy  .-  -"'"^tt  of  all  men,  and  ihat  upon 

Ibis  prn  ir  representation  of  the  peo- 

|li  wa-  -   ked  for-    Now,  it  requires 

06  peatooiit^  to  9tate,  that  a  representation  of 
lilt  peoph:'  fouDiled  upon  the  principle  of  equal 
icijve  c  of  all  men,  must  form  a  par- 

iwnni  >  h  no  Kiog»  nor  Lords,  could 

Ti)^«;  i>  an  laid  of  equal  active  citizen* 
Cbfi  inoment  thnt  either  of  them  exists, 
to  my  '  I  i'jn  of  equal  active 

J,  and  ij'  » Ikeir  corulmction 

^Hi  for  they  f.tHte  iiiai  the  effect  ofitis  « 
fWfittmmlQim  gor^rnment.  But  it  is  not 
iynj|li  for  me  to  tell  you,  that,  in  reasoning, 
lUi  i»  die  eoDsequence ;  it  is  a  circumstance 
19  Im  tUcen  into  your  consideration ;  but  I  say 
I  ihaU  ttiufy  you,  if  I  am  bound  to^o  farther, 
tetllic  spphcatioo  of  the  principle  of  equal 
iClif«  dtiteoftbip,  according  to  them,  was  to 
It  diA  icMindation  of  u  representative  gtfvern- 
ttHl,  rejecting  the  King  and  Lords  out  of  the 
•jftltai.  Thr  principles  were  the  principles 
ifOtt  wbidi  '  mtion  of  France,  in  the 

y«!«r  179!,  V'  I ;  the  principles  of  that 

the  principles  of  equal  ac- 
tliey  attempted   indeed  to 
e  A  kiu'^  m  the  constitution,  and  to 
wlul  I  may  call  a  royal  demoiracy  t  but 

ftbsU    '-     '   "  Visfration,    that  the 

London  knew  thai 
c^^iisVitukiuii  LiJiJini  iuit  exist,  that  their 
fthlMtet  led  tlieui  to  a  distinct  knowledge 
liitt  tniiei»n«-tnkit'>''n  could  not  eust :  it  was 
ntbe  mifit  ist  179?  entirely  over- 

sale i  ^  I  hud  from  the  transac* 

of  tikis  nociety  m  llie  months  of  October 
Nofcoibef  1799,  unless  I  mistake  the 
9§ut  <vf  the  cvidenci*,  the  clearefit  dcmon^tra- 
tioii  ihst  ibe^  ^urirtte?  meant  in  applying 
^kam  |iiitici|i}e%,  ^  .  y  themselves  state 

1b4  dweuojred   n  n:e  of  a   king  in 

tlicy  niusl  destroy  the  exlsl- 


ence  of  a  king  in  any  country ^—you  will  find 
tliat,from  October  J792  al  lea^».  these  societies 
meant  to  destroy  the  kinj  in  thiscounlrr,  am 
that  this  was  the  natural  elFect  of  their  ow! 
principles,  as  they  understood  them. 

Gentlemen,  you  will  now  give  me  leave  ti. 
state  to  you,  as  well  as  i  can,  and  as  intelli- 
gibly as  I  can,  the  mass  of  evidence,  and  the 
case  which  I  have  to  lay  before  you. 

The  particular  act,  the  nature  of  which  wiil 
be  to  be  expiamed  bv  all  the  rt?st  of  the  evl 
dence,  whicti  has  led  to  the  includin;;  the! 
particular  persons  in  one  indictment,  arosftj 
out  of  a  letter,  dated  the  27  th  of  March  i79ig1 
which  was  written  by  the  prisoner,  tt)en  the' 
secretary  of  the  London  Corresponduio;  ho- 
cjety,  to"  the  society  for  Constitutional  infor- 
mation. The.  words  of  it  are  these  : 

**  I  am  directed  by  the  London  Correspond- 
ing Society  to  transmit  the  following  resolu< 
Uons  to  the  Society  for  Constitutional  Infor- 
matioj),  and  to  request  the  sentiments  of  that 
society  respecting  the  important  meastires 
which  the  present  juncture  of  affairs  seema 
to  require.  The  London  Correspondii  ^ 
ciety  conceives  that  the  moment  is  arrived'* 
mark  tlie  words ;  for,  in  the  rest  of  what 
havt  to  state,  you  will  frcauently  hear  ol  the: 
time  to  which  that  alludes — **  when  a  fui" 
and  explicit  declaration  is  necessarj'  from  ai 
the  friends  of  freedom,  whether  the  late  ill 
gal  and  unlieard  of  prosecutions  and  sen teno 
shall  determine  us  to  abandon  our  cause,  < 
shall  excite  us  to  pursue  a  radiciil  reform  with 
an  ardour  proportionate  to  llie  magnitude  of 
tlie  object,  and  with  a  zeal  as  distinguished  on 
our  part  as  the  treachery'  of  others  in  the 
same  glorious  cause  b  notorious.  The  Society 
lor  Constitutional  Information  is  therefore  re- 
quired to  determine  whether  or  no  they  will 
be  ready,  when  called  upon,  to  act  in  con- 
jimction  with  this  and  other  societies,  to  ob- 
tain a  fair  representation  of  the  people."  Gciw 
Llenien,  give  me  your  attention  presently  to 
what  they  conceive  to  be  a  fair  rcprebcnta'lioi 
of  the  people,  when  I  come  to  state  the  reso 
lulions  which  they  transmit!  **  Whether  the: 
concur  with  us  in  seeing  the  necessity  of 
speedy  Convtntion  for  the  purpose  of  obtain- 
ing,*^ (then  they  use  the  words),  "  in  a  cunsli- 
lulional  and  legal  method'* — of  the  eflect  of 
which  you  will  judge  presently,  for  the  me- 
thod will  not  be  the  more  constitutional  and 
legal  for  their  calling  it  so,  if  tlie  nuahod  is  in 
fact  unconstitntional  and  lUej^al — "  a  redress 
of  those  grievances  under  which  we  at  present 
labour,  and  which  can  only  be  effectually  re- 
moved by  a  full  and  fair  representution  of  the 
people  of  Great  Britain.  The  London  Cor 
responding  Society  cannot  but  remind  ihet 
friends  tiiiit  the  pt  esent  crisis  demands  all  the 
prudence,  unanimity,  and  vigour,  that  ever 
may  or  can  be  ejierled  by  men  or  Ilritons; 
nor  do  they  doubt  but  that  manly  firmness 
and  consistency  will  finally,  and  they  believe 
shortly,  terminate  in  the  lull  accomplishment 
of  aU  their  wishes.'* 


S7&] 


35  GEORGE  IIL 


Trial  qf  Thomas  Hardy 


[280 


They  then  resolve,  and  these  re&olutions 
are  enclosed :  "  lsl«  Thai  dear  as  justice  and 
iibcrly  arc  to  Britons,  yet  the  value  of  them 
'  is  conipiirativcly  smalf  without  a  dcDenilancu 
on  Iheir  permanency,  and  there  can  be  no  se- 
curity for  tiie  continuance  of  any  rights  but 
to  equal  laws. 

"  ad,  That  equal  laws  can  never  be  expect- 
ed but  by  a  full  and  fair  representation  of  tlie 
people;  to  obtain  which,  in  the  way  pointed 
out  by  the  constitution," — you  will  sec  what 
that  IS  in  the  third  resolution — **  has  been 
and  ii>  the  sole  object  of  this  society ;  for  this 
we  arc  rcaily  to  hazard  every  thing,  and  never 
i>ut  with  our  lives  will  we  relinquish  an  object 
whit;h  involves  the  happiness,  or  even  the  po- 
•  Jiticai  existence  of  ourselves  and  posterity, 

"  3rd,  Thul  it  is  the  decided  opinion  of  this 
socielY,  thai»  lo  secure  ourselves  from  the  fu- 
ture illegal  and  scandalous  prosecutions,  lo 
prevent  a  repetition  of  wicked  and  unjust  sen- 
tences, aiid  to  recall  those  w*ise  and  whole- 
I  ^me  laws  which  have  been  wrested  from  us, 
i  nnd  of  which  scarrrly  a  vestige  remains,*'-^ 
I-  Gentlemen,  vou  wdl  permit  me  to  call  jour  at- 
I  lention  to  what  the  ulijects  were  which  were 
j  io  Ire  Hccomplishctj-—**  there  ought  to  lie  im- 
I  mediately/* — what?—"  a    cttuvetdhn  of  the 
peopit  hy  delegate*  drpnUd  far  that  purpme 
the  different  tocietkt  vf  the  friends  of  free* 
/*      And  what  are  the    purposes  Which 
convention,  which  they  themselves  re- 
present as  a  convention  of  the  people,  are  to 
execute?    Why  they,  the  delegates,  forming 
a  convention  oi  the  peopir,  are  to  recall  those 
•wise,  wholesome  laws,  which  they  say  have 
been  wrested  Iroui  them.  Before  1  have  done, 
I  shall  prove  distinctly  that  this  in  the  mean- 
ing of  the  passage,  and   the  meaning  of  the 
passage  will  be  to  be  collected  from  the  whole 
cf  the  evidence  unduubtedty,  not  from  this 
particular  part  of  it. 

The  lonsliiulional  Society,  there  being 
present  at  ihut  lime  six  of  the  persons  men'^ 
tioned  in  this  indictment,  willioui  any  delibe- 
ration whatever  upon  a  proposition  so  mate- 
rial as  thill  i6— and  iherelore  it  must  be  left 
lo  you,  upon  the  whole  of  the  evidence,  whe- 
ther it  is  fairly  to  he  inferred  or  not,  that  this, 
like  a  grctit  in;iny  other  papers  of  the  London 
Correspundinu;  S<*(  iely,  really  came  from  the 
^  Qstitutiouulssocicty — they  immediately  or - 
«d  that  their  secretary  shall  acquaint  the 
London  Lorrchponding  Stjcieiy,  that  tlicy  had 
received  their  cunnuuntcaliou,  that  *  they 
heartily  concur  with  them  in  i  ' 
h%\c  in  view,  and  thai  for  tli 
the  purpose  of  n  more  spriJ. 
co-opct^ition,  they  invit*   sIimii  i^ 

'"-♦    '"'i;V    eveiiUi^^  ^  *ic.r^«if-ii  of 

^l^er*. 

lu-  in  In  [\in  imrticulars  of 

'    leave  to 

■111  ivty,  in- 

I  m   Uu&    mdiiiiuent,  rd  to 

«e   UiAt  delegation:    i  was 

1 9l  Ibe  ante  time  a  Coiuuiitle«  of  Cor- 


respondence of  six  members  of  this  society ; 
that  afterwards  the  London  Corresponding 
Society  formed  another  committee ;  that  the 
two  committees  met ;  that  the  two  com- 
mittees meeting,  came  to  a  determination  that 
this  project  of  calling  a  convention  of  the 
people  should  be  carried  into  effect;  and 
then,  that  a  joint  committee  of  co-operation 
of  both  societies  was  formed  by  resolutions 
ofboth. 

Having  stated  what  happened  upon  tlic 
arih  of  March  1794,  and  connecting  it,  as  I 
shall  do  presently,  with  the  very  singular 
facts,  which  you  will  find  also  happened  in 
that  year,  you  wiU  give  me  leave,  in  order  to 
show  what  the  true  construction  of  this  act  is, 
as  well  as  to  stale  the  crminds  upon  which 
the  indictment,  even  without  this  act, charges 
a  conspiracy  to  depose  ihc  king — you  will 
give  me  leave  to  stale  the  transiictions  of  these 
societies  from  the  month  of  March  1799. 

Gentlemen,  in  or  about  the  month  of  March 
1702, — whether  before  that  tunc  the  London 
Correspondintf  Society  had  existed  or  not, 
seems  to  me  to  be  dubious,  and  therefore  I 
will  make  no  assertion  of  that  one  way  or 
other;  but  supposing  it  to  have  existed,  it 
will  be  made  extremely  clear  that  this  society 
existed  at  that  time  without  a  constitution, 
as  they  call  il,  and  was  indebted  to  a  gentle- 
man of  the  name  of  Tooke  for  the  constitu- 
tion under  which  the  society  was  modified, 
and  was  indebted,  I  think,  to  a  gentleman  of 
the  name  of  Vaughan,  for  his  assistance  in  the 
composition  of  the  code  of  its  laws. 

Ihc  fir»l  correspondence  that  I  find  be- 
tween the  Constitutional  Society,  and  the 
London  Correspoudmg  Society,  wtiich  I  have 
to  Slate  to  you,  is  in  the  communication  of  the 
principles  of  the  Corresponding  Society,  sent 
with  a  letter  signed  by  the  prisoner  at  thebar^ 
which  letter  is  in  the  following  words ;  *•  I 
am  ortlcred  by  the  committee  to  send  to  the 
Society  for  Constitutional  Information  in  Lon- 
don a  copy  of  our  motives  for  associating,  and 
the  resolutions  we  have  come  to  :  we  mran 
to  persevere  in  the  cause  we  have  embarked 
in,  that  is,  to  have  (ifpossilde)  an  equal  repre- 
sentation of  the  people  of  this  nation  in  par* 
liaraent.*" 

I  observe  here  for  a  moment  that  you  wiU 
not  be  surprised,  wlien  I  get  to  tlic  conclusioa 
of  this  busiucsA,  that  this  cautious  laiig;uage 
was  used  in  the  outset  t  it  will  be  for  you  Uk 
judge  whether  a  i^ludied  caution  is  fairly  im- 
*  to  the  language.  It  prucecdiS  thus: 
hould  be  exceedins^ly  happy  to  enter 
ifuo  a  rorrcsp      '  '     '    "         ;  Ty,  if  it 

is  not  too  nil  expect 

suchin  honour ,  ..u«.  "  -  wt 

..f 


hope  that  they  will  di 


idcsrriu!i 


111-.    ■■-■'.'■.:.    ^         -■       ■  '    ■  '     ■ 

of  liu&i  &0f4c:iy,  wkich  rr&oiulions  ptirp^irteii  10 


SSI] 


for  High  Treanmu 


signed  "  Thomas?  Hardy,  secretary.**     It 

"ImPOcncil^  by  an  ucd(!er\l  not  very  easy  la  t»e 

1  I'or  nt  present,  and,  nutwithsland- 

1,  I  shall  prove  distinctly  to  you  that 

art*  the  aclof  Mr.  Hardy  r  that 

"Thomas  Hard  y,  secretary  "^ — 

isAgn^iure,  as   I   am   inslnicted,  in  the 

l-writinjj  of  Mr.  Home  Tooke ;    that  is, 

B^irdy  jn  ihc  London  Corresponding  So- 

\  ^ends  the  resolvilions  of  the  London 

I  _    t  -  - » -  ^  tpologiEing  extremely 

111  presuming  to  send 

■  Lj^L.iuuonal  Society,  the  sig- 

resolirtions  bearing  the  name 

•^,  .    ..  .„    i.^rdy  in  the  hand-writing  of  Mr. 

Tookc :  whether  those  resolutions  were  finally 
fettle<l  by  that  gentleman  or  not,  I  do  not 
ikti^jm  I  but  you  will  find  that  there  exibts  a 
^pup^r  which  contains,  I  think,  distinct  evi- 
'fSence  upon  the  !ace  of  it>  thai  those  resolu- 
tikrtxt  have  been  settled,  with  a  good  deal  of 
frAlion,  by  the  same  i^entleman  whose 
writing  occurs  in  the  signature  which  I 
re  been  stating. 

Grnllemen,  before  these  resolutions  were 
and  before  I  slate  the  matter  of  theni  to 
yoii  will  allow  me  to  mention  that  there 
*■  •'  tt  a  correspondence  between  other  so- 
lid  the  Society  for  Constitutional  In- 
t  ...... ;,.ii,  of  such  a  nature,  as,  in  order  to 

^•laikc  this  ca?ie  intelligible,  will  require  some 

cb^crvjtions  from   me,    nnrl  ?,nrne  altentjou 

;  il  is  the  con  r  ^y  of  other 

^_  hilt  which  corn    ,  nrfi  I    shall 

h  u  manner  with  the  London 

J  Society,  as  in  fact  to  make  the 

oiXXkC  other  societies  the  acts  of  that  so* 

id  of  March  1792,  with  a  view 

lial  were  the  principles  of  this 

T  L  state,  that  they 

the  thanks  of 

jjvi  n  uj    >jr.  Thomas  Paine, 

masterly  book  intituled.  The 

m   ,.,u,^K  ....}  Qfijy  ^hc  male- 

'  ribblers  are  de- 
-Lcd  ridicule,  but 
rtant  and  beneficial 
i  so  irrcNtstiblycon' 
I  romisr!  the  acceleration  of  that 
nl  |)eriod,  when  usurping  bo- 
tnd   proHigale  bornugh-hoyrr.'* 
?d  of  what  they  impudently 
!v— the  choice  of  the 
fie.    The  CoH'^titu- 
\*  expressing  their  sa- 
le a  pubhcation  has 
'-   '  -■■  ^.  -      -..-I 


hich  I  heir 

I    what  purpose  you 

it*  to  ilate  to  you  the 

'U\s  business — **That 

.  iind  all  future  pro- 

n.^fU]j^%  ul  ih4?^  ftociciy,  be  regtilarly  transmit- 


A.  a  1794.  [282 

ted  by  the  secretary  to  all  our  corresponding 
constitutional  societies  in  England,  ScotlanoJ 
and  France/' 

Now,  gentlemen,  as  I  shall  prove  what  the 
book  was  to  which  this  resolution  alluded,  t 
shall  take  the  liberty  at  present  to  state  in  a 
few  words  to  you,  as  far  as  they  affect  the  ex- 
istence of  a  king  in  this  country,  those  sub- 
jects, which,  according  to  the  lanjgnage  oftliia 
resolution,  tbe  Constitutional  Society  sincerely 
hope  that  the  people  of  England  would  give 
attention  to,  as  discussed  in  Mr.  Paine's  first 
book.  In  that  book  these  doctrines,  with  re- 
spect to  Great  Britain,  are  laid  down:  ^a 
constitution  is  not  a  thing  in  name  only,  but 
in  fact ;  it  has  not  an  ideal,  but  a  real  exist- 
ence ;*'  and  you  wUl  find  this  extremely  im- 
portant, because  in  the  result  of  the  whole 
evidence  that  1  have  to  lay  before  you,  it  will 
appear  that  they  did  not  only  distinctly  dis- 
avow making  any  application  to  parliament, 
but  the  competence  of  parliament  to  do  any 
thing  by  way  of  reform,  because  the  country 
had  as  yet  no  constitution  formed  liy  the  pei>- 
plc,  Mr.  Paine  proceeds  t  **  Can  Mr.  Burke 
produce  the  English  constitution  ?  If  be  can- 
not, we  may  fairly  conclude  that  no  such 
thinc^  as  a  constitution  exists." 

After  staling  that  the  septennial  bill  show- 
ed that  lliere  was  no  such  thing  as  a  consti- 
tution in  England,  the  book  stales  a  farther 
fact,  not  immatcriaK  that  the  bill  which  Mr* 
Pitt  brought  into  parliament  some  years  ago 
to  reform  parliament,  was  upon  the  same  er- 
roneous principle,  that  is,  upon  the  principle 
that  parliament  was  able  to  reform  itself. 
With  respect  lo  other  subjects,  to  which  the 
attention  uf  the  people  of^England  was  called, 
you  will  find  that  this  book,  speaking  of 
modes  of  government  (and  this  is  also  ei- 
Iremely  material  with  reference  to  the  con- 
slructiun  of  what  is  aflcrwards  to  be  slated  lo 
you),  represents  that  **  the  two  modes  of  go- 
vernment which  prevail  in  the  world  are,  first, 
governments  by  election  and  representation  ; 
secondlv,  governments  by  hereditary  succes- 
sion :  the  former  is  generally  known  by  the 
name  of  republican,  the  latter  by  that  of  mo- 
narchy and  aristocracy/' 

He  divides  government  into  government  by 
election  and  representation ;— a  representation 
founde*!  upon  election,  and  election  founded 
upon  universal  suffrage ;— and  government  by 
hereditary  succession.  He  then  stales  that, 
from  the  revolutions  of  America  and  France, 
and  the  symptoms  that  l»ave  appeared  in 
other  countries,  it  is  evident  the  opinion  of 
i\\£.  world  is  changing  with  respect  to  govern- 
ment, and  that  revolutions  are  not  witTiin  the 
progress  of  political  calcutalion;  and  that  Ihe 
British  government,  not  existing  upon  the 
principles  he  recommends,  is  not  a  govcm- 
uicnt  existing  upon  such  principles  that  a  na- 
tion ought  to  sunmit  to  il ;  ana  that  the  par- 
liament  of  the  country  is  not  able  to  form  * 
government,  that  will  cjdst  upon  those  priacK 
pies. 


S83]         S5GE0EGE  lU. 

Genilemeiiy  tt  is  a  very  remarkable  cir- 
eumstaace,  as  it  strikes  me,  that,  though  va- 
rious societies  had  existed  in  other  parts  of 
Great  Britain,  till  about  the  time  of  the  for- 
mation of  the  London  Corresponding  Society, 
none  of  these  societies  had  asked  or  invited  af- 
fihation  wilh  the  London  Constitutional  Socie* 
ty,  which  you  will  find  they  all  ask  and  alt  in- 
vite about  March  1792,  whether  by  manage- 
ntent  or  not,  I  do  not  pretend  to  detemiine^  it 
will  be  for  you  to  judge ;  but  they  all  ask  and 
all  invite  aHiliation  with  the  Constitutional 
and  Corresponding  Societies^  as  soon  as  the 
latter  is  formed. 

Upon  the  16th  of  March  1792,  you  will 
find  a  rjesolution  of  tlie  society  for  Conslitu* 
t^onaX  Infonnatiou,  which  states  and  returns 
thanks  for  a  communication  from  Manches- 
ter»  signed  *'  Thomas  Walker,*  president," 
and  "  Samuel  Jackson,  secretary  ;^'  in  which 
''  they  return  the  thanks  of  the  society  to  Mr. 
Thomas  Paine,"  who  appears  to  have  been 
a  member,  a  visitor  of  ttiis  Constitutional  So* 
ciety,  "  for  the  publication  of  his  Second  Part 
of  tne  Eights  of  Man,  combining  Principle 
and  Practice."  I  shall  endeavour  to  stale  to 
you  in  a  few  words  what  is  the  combination 
of  the  practice  stated  in  the  Second  Part  of 
the  Bights  of  Man,  with  the  principle  in  the 
First  Part, "  a  work,"  they  say,  **  ot^  the  high- 
est importance  to  every  nation  under  heaven, 
but  particularly  this,  as  containing  excellent 
and  jiraci legible  plans  for  an  immediate  and 
considerable  reduction  of  the  public  expendi- 
ture for  the  prevention  of  wars,  for  the  ex- 
tension of  our  manufactures  and  commerce, 
for  the  education  of  the  young,  for  the  com- 
fortable support  of  the  a^ed,  for  the  better 
maintenance  of  the  poor  at  every  description, 
and,  finally,  for  lessening,  greatly,  and  with- 
out delay,  the  enormous  Toad  of  taxes,  under 
which  this  country  at  present  labours. 

**  That  this  society  congratulate  their  coun- 
try at  large  on  the  induence  which  Mr  Paine 's 
pubhcations  appear  to  liave  had  in  procuring 
the  repeal  ot  some  oppressive  taxes  in  the 
present  sfission  ot  parliament ;  and  Ibey  hope 
that  this  adoption  of  a  small  part  of  Mr* 
Paine^s  ideas  will  be  followed  by  the  most 
strenuous  exertions  to  accomplish  a  complete 
reform  in  the  present  inadequate  slate  of  the 
representation  of  the  peooic,  and  that  the 
olner  great  plans  of  public  bentfit,  which  Mr 
Paine  nas  so  powerluUy  recommended,  will 
be  speedily  carried  into  effect/' 

Now,  <  n,  as  Mr.  Paine*s  plan  for 

the  reii  present  inadtiouatc  ulale  of 

thf  '     '  V  '     W 

to,  'til- 

UUit.M        r'^'''  ij'''-      "lun         I'iaLinT',       .uili  .is    it 

is  stated  that  the  other  great  plan-S  of  public 
benefit,  which  he  had  50  powerfully  recom- 
mended, would  bt*  speedily  carried  mlo  etfecl, 
it  will  be  necessary  to  Aow  jou,  from  this 
letter,  what  were  thoiic  plans  tor  the  rvmcdy 


Trial  qf  Thomas  Hardij 

of  the  inadequate  stale  of  the  rcpresentatioiil 
of  the  people,  and  other  plans  of  public  bene 
fit,  which  this  society,  receiving  tne  thanks  o 
the  Constitutional  Society,  hoped  would  bsl 
carried  into  eflect. 

Gentlemen,  I  do  not  take  up  your  tim«  in 
stating  the  passages  to  you,  but  represent  to 
YOU  the  substance  of  that  book ;  that  it  is  a 
book  distinctly  and  clearly  reconimendmg  tho. 
deposition  of  the  king ;  if  the  passages  in  thai  i 
book  do  not  prove  that  assertion,  there  is  ncJ 
evidence  that  can  prove  any  assertion  :  it  is  M 
book,  moreover,  which  not  only  puts  Uie  kici||| 
out  of  the  system  of  the  government  of  ih«] 
country,  but,  according  to  which,  if  a  perfei 
representation  of  the  people  is  to  be  formedi^ 
it  IS  to  be  formed  not  by  a  parliament  ejusting  J 
in  a  country ^ — in  which  that  gentleman  staieM 
that  no  constitution  exists— not  by  that  par-l 
Ibraent,  which  he  states  to  be  totally  and  ab»| 
solutely  inadequate  to  the  great  work  of  forin*^ 
ing  the  constitution  upon  tlie  rights  of  m«a 
and  equal  active  citizenship,  which  he  recom* 
mends:  it  is  a  work,  which  calls  upon  the  peo*^ 
pie  of  England  to  do  themselves  justice  in 
another  way   of  proceeding,  and   to  form 
I  constitution  for  themselves  before  they  ca 
have  any  government,  which  is  to  exist  upoij 
I  true  principles.    There  is  then,  1  say,  in  tlif 
j  beginning  of  this  thing,  a  deveiopcmeol  of ' 
'  these  purposes ;  and  I  say,  bey  on  u  that,  that 
I  if  I  understand  the  effect  of  evidence  at  ali^_ 
X  shall  satisfy  you  that  those,  who  voted  thin 
resolution  of  tfianks,  knew  that  the  principlefi 
I  there  referred  to,  were  principles   that  would  I 
I  have   this  operation,  and   meant  that  thejfl 
should  have  this  effect.  .  I 

The  next  thing  I  have  to  state,  which  X\ 
!  shall  not  go  through  very  particularly,  is  con- 
tained in  a  resolution  of  the  Constitutional 
Society  (some  of  the  members  of  which,  li 
shall  prove  to  you,  began  to  leave  the  &ocietjr1 
about  this  time,  stating  distinctly  that  theyi 
understood  its  principles  to  be  now  (hfTerentl 
from  the  principles  it  had  formerly  acted! 
upon,  and  to  be  such  principles  as  i  havml 
stated)  entered  into  upon  the  '23rd  "«'  MinH' 
1792.  They  resolved  that  another 
cation,  which   is   from  Sheflield,  -  o, 

published  in  the  Morning  Chronicle,  and  iii| 
several  other  uewspapens,  wtiich  they  i 
tion. 

With  respect  to  the  communicAtion  from 
Sheffield  (and  it  is  a  remarkable  M  '  ', 
from  SheiAeld,  and  from  Norwich,  1 1 1  d  j 

be  writing,  on  the  same  day,  for  tiic  ^ain« 
purpose— that  the  societies  of  Shcl^icld 
Norwich  might  be  aftdiated  with  tlif  London 
Constitutional  Society,  and  the  Shcfiictd  peo- 
ple were  ^^^  -  ■  ■■  ^  -it  it,  if  it  were  tl»©if  j 
<jwn  act  nil  ^ry  wrote  mor«  I 

one  letter  i;-  ^^.  •  ,  ;.;  ^  :,  U),  it  is  to  this 
fectt 

^^  lii>  navv  iihotit  f'uur  rnuiilhh  siuct"  this  SO» 


r^kdv&ed  wiii  uilwfti  you  of  thor 


fur  Tfigh  Treason* 


wUkh  is  most  probable,  will  soon  be- 
TW  numrrous ;  and  not  only  this  large 
»vvo,  but  the  whole  neighbour- 
uiilcs  round  about,  have  zn  at- 
>Q  U3:  most  of  the  towns  and 
are  forming  themselves  into 
ltim>i-i«  ii^  ,  and  strictly  adhere  to  the 

Imodr  of  ri  r  us :  yovi  will  easily  con* 

tc' ''  ior  the  leading  members 

irict  attention  to  good  or- 
. , ,  Lind  llie  need  we  tiave  of 
communicating  with  those 
Lie  friends  and  able  advocate* 
foe  th«  same  cause ;  for  these  reAsonswe  took 
the  liberty  to  write  lo  Mr,  Home  Tooke,  that 
lorthy  friend  and  patriot  for  the  rights  of  the 
i^oplc,  tn  forming  him  of  our  earnest  desire  of 
ifwtcri  connexion  with  the  society  of 

the  5  ioinalion  of  ours  in  London; 

vcr)  obliging  and  affectionate  answer  fa- 
'iRQurs  us  with  your  address;  in  consequence^ 
'  iken  the  liberty  herewith  to  trans- 
J  some  resolves,  which  were  passed 
#t  inir  ia>t  meetings  by  the  whole  body,  and 
'^^-  committee  was  charged  with  the  dispatch 
ppr, ♦.,...  .rvl  forwarding  them  lo  you  ac- 
'  I :  Ue  purpose  of  submitting  them 

'%>  lh<  'Alion  of  your  society,  and  to 

.  m  as  they  think  most  pnidenL 
Tou  '  notice  the  Belpar  address:  they 

l^pplied  to  us  about  two  months  ago  for  in- 
tions  as  to  our  mode  of  conducting,  &c. 
not  then  formed  themselves  into  any  re- 
dLSaociation.     Belpar   is    nearly  thirty 
from  this  place,  in   Derbyshjre,  and 
il  or  t<?n  mile?  from  Derby. 
**lf    ■  ely  for  Constitutional  Informa- 

0  u  should  vouchsafe  so  far  lo 

to  enter  into  a  comiexion  and 
with  us»  il  cannot  fail  of  pro- 
!'s  .  and  a<iding  strength  to  our 

'!•  trs^  and  to  the  common  cause, 

£l.  .^    .,.  ciilire  motive  we  have  in  view.'* 
Th^v  then,  upon  ihc  lith  of  March,  1709, 
HI  J  ihdi  Un-Yc  was  a  <:onnexion  between 


'1 


^L 


H    U} 


I 

itV 

liai 

fCD!J«rrn;iui^    Oi 
fuTlT 
•rh 

\ei  tliiC  j^ 
for  tt^  ai 


itioual  and  London  Cor 

V  (and    that  they  should 

on  ihc  t4th  of  March,  which 

1  before  the  :JOth,  when  Mr* 

Mr.  Tooke   the  resohilions 

ned  in  the  name  of  Mr.  Hardy 

as  a  communication  to  him 

V  such  a  body  as  the  London 

S:»t  lety^  is  a  circumstance  that 

tM-rij;    they  then  add,  **  We 

ibrrty  nf  enclosing  a  parcel 

m  .in^wrr  to  a  letter  from  him 

rt'<]ut>tjng  some  informatioQ 

r   UK  ihu^rof  conducting  the 

"i  '  M  ^  .rked  in,  &c,  also  in- 

Ixjndon  a  number  of 

;        ,      ,  ike.  forming  them- 

cifty  on  the  broad  basis  of  the 

You  will  be  so  obliging  as  to 

in  with  youuntd  he  call 

po^t   1  have  wrot€  him 


liMni»t    W  c  have  giirtn  him  our  manner  of 


proceeding;  from  our  setting  out  to  this  tJrae, 
and  hope  it  may  be  of  some  use.  The  im- 
provement we  are  about  to  adopt  is  certainly 
ti)e  best  for  managing  lar^e  bodies,  as  in 
great  and  populous  towns,  viz.  dividing  them 
into  small  bodies  or  meetings  of  ten  persons 
each,  and  these  ten  to  ap[»oinl  a  delegate; 
ten  of  these  delegates  form  another  meeting 
and  so  on,  delegating  Jrom  one  lo  another, 
till  at  last  they  are  reduced  to  a  proper  num- 
ber for  constituting  the  committee  or  gmnd 
council" 

There  is  another  letter  of  the  same  dale, 
which  has  a  remarkable  circumstance  about 
it.  It  is  addressed  to  the  Constitutional  So* 
ciety.  Gentlemen,  it  states  that  "  this  so* 
ciely/*  that  is,  the  same  Sheffield  Society, 
"  feeling  as  they  do,  the  grievous  effects  of  the 
present  stale  defects  and  abuse  of  our  countiy^ 
— (the  word  originally  m  this  letter  was  ccwi- 
itiiution,  but  the  word  constitution,  not  being 
that  which  was  Uked,  by  some  very  odd  acci- 
dent in  the  letter  froni  Sheffield,  the  word 
ctmnfry,  in  the  hand-writing  of  Mr.  Tooke,  is 
substituted  for  C4fn%titutian)^-^*  the  great  and 
heavy  oppressions,  which  the  common  people 
labour  under,  as  the  natural  consequence  of 
that  corruption,  and  at  the  time  being  sen- 
sible to  a  degree  of  certainty,  that  the  public 
minds  and  the  general  sentiments  of  the  peo- 
ple are  determined  to  obtain  a  radical  reform 
of  the  country,"  you  will  mark  these  words^ 
"  as  soon  as*  prudence  and  discretion  will 
permit,  believes  it  their  duly  lo  make  use  of 
every  prudent  means,  as  far  as  their  abilities 
can  be  extended,  to  obtain  so  salutary  and 
desirable  an  object,  as  a  thorough  reformatioa 
of  our  country,'-  the  word  country  bcingagaia 
in  the  hand-writing  of  Mr.  Tooke,  ♦'esta- 
blished upon  that  system,  which  is  consistent 
with  the  rights  of' man,"— for  lliesc  reasons 
they  stale  their  formius  into  clubs,  as  the 
formrr  letter  did,  and  they  conclude  thus— 
*'  llial  being  thus  strengthened,  this  society 
may  be  better  enabled  lo  govern  itself  with 
moVc  propriety,  and  to  render  assistance  to 
their  fellow-citizens  in  this  neighbourhood, 
and  in  parts  more  remote,  that  they  in  their 
turn  may  extend  useful  knowledge  still  far- 
ther from  tuwn  lo  villa|»e,  arid  from  village  to 
town,  until  the  whole  nation  be  sufficiently 
enlightened  and  united  in  the  same  cause, 
whirh  cannot  fail  of  beinjr  the  case,  wherever 
the  most  excellent  works  of  Mr,  Thomas 
Paine  find  residence/' 

Those  works  are  the  works  which  have 
held  an  hereditary  monarchy,  however  li- 
mited, lo  be  inconsistent  with  the  rights  of 
man ;  which  have  held  the  constitution  of 
parhameul  in  this  country  to  be  inconsistent 
with  the  rights  of  man;  and  those  works, 
upon  the  principles  of  that  inconsistency, 
have  held  even  the  parliament  itself  incom- 
petent to  reform  any  abuses  in  government. 

The  paper  they  transmit  stales  as  a  fact, 
that  the  number  of  members  at  Sheffield 
were,  in  March  1792,  two  thousand.    TWiS 


Ihc  Constitutional  Society  in  London  and  llie 
Constilulional  Society  at  Sheffield,  thus  riu* 
iDerouft^  should  have  had  no  connexion  by 
affiliation  till  the  14th  of  March,  tr9«i 
though,  on  that  t4th  of  March,  179 2»  it  ap- 
pears that  the  Sheffield  Society  had  had  cor- 
respondenccj  and  had  become  connected  with 
the  London  Corresponding  Society,  prior  to 
the  London  Corresponding  Society  sendin* 
the  paper  1  before  stated  to  the  Coustituliond 
Society,  is  somewhat  remarkable. 

The  paper  proceedfs  thus :  "  This  society, 
composed  chiefly  of  the  manufactiircrs  of 
Sheffield,  began  about  four  months  ago,  and 
ia  already  increased  to  nearly  two  thousand 
members,"  In  this  letter,  dated  March  14, 
1792,  they  state  it  to  have  amounted  to  two 
thousand,  exclusive  of  neighbouring  towns 
and  villages,  who  were  tbrming  themselves 
into  similar  societies.  They  then  state  the  prin- 
ciples upon  which  the  societies  are  formed, 
and  that  "  they  have  derived  more  true 
knowledge  from  the  two  works  of  Mr.  Tho- 
mas Paine,  intituled  Rights  of  Man,  Fart  the 
First  and  Second,  than  trorn  any  other  author 
on  the  subject.  The  practice  as  well  as  the 
principle  of  government  is  laid  down  in  those 
works,  in  a  manner  so  clear  and  irresistibly 
convincing,  that  this  society  do  hereby  resolve 
to  jy;ive  their  thanks  to  Mr  Paine  for  his  two 
said  publications  intituled  Rights  of  Man/^ 

Gentlemen,  I  beg  your  pardon  for  address- 
ing you  so  much  at  length  on  tliis  case,  but 
I  feel  it  my  bounden  duty  to  the  public,  to 
you,  and  to  the  prisoner  at  the  bar,  to  warn 
yon  fully  of  the  whole  of  it.  There  is  nothing 
which,  I  am  sure,  would  more  certainly  h«p» 
pen,  than  that  I  should  go^  not  only  out  vf 
this  court,  but  to  my  grave,  with  pain,  if  1 
should  have  slated  ti>  you  in  a  proceeding  of 
Ihis  nature  the  doctrines  of  Mr*  Paine,  otner- 
wise  than  as  I  think  of  them.  If  that  is 
meant  to  be  intimated,  that  we  may  have  no 
dispute  about  them,  and  that  we  may  not 
misunderstand  what  is  that  principle,  and 
that  practice,  to  which  the  passage  I  have 
now  read  alludcj*,  you  will  allow  mc  to  read 
a  few  passages  out  of  this  second  part  of  the 
Rights  of  Rlan,  stiid  to  contam  both  the  prin- 
ciple and  practice  of  government,  and  then  I 
ask  you  what  those  must  have  intended, 
with  respect  to  the  government  of  this  coun* 
try^  who  meant  to  take  any  step  in  order  to 
make  a  change  in  it,  in  such  a  way  as  the 
pnnciple  and  pnactice  laid  down  in  that  book 
would  require  them  to  make  it,  rccoltecting 
that  the  government  of  this  country  is  a  go- 
vernment consisting  in  a  king,  having  an  he- 
Tedilary  crown,  together  with  Lords  and 
Commons,  forming  a  parliament  accordmg 
to  the  hiwft  and  constitution  of  England. 

•thor»  in  the  first  nlace,  fx- 
eal  of  what  poWibly  may  be 


:^bt  of  h\ 
^ot  call  go 
ur  he  saySj 


.t!iM'    nrr:«.Hns,    but 
of 


gi  iho  Amtncan  war.  he  w«a  ftixviigly  im* 


pressed  with  the  idea,  that  if  he  could  gel 
over  to  England  without  being  known,  and 
only  remam  in  safety  till  he  could  get  out  a 
publication,  that  he  could  oj>en  the  eyes  of 
the  country  with  respect  to  the  madness  and 
stupidity  of  its  government." 

Let  us  see  in  what  that  madness  consist 
according  to  him  :  having  stated  in  his  for^ 
mcr  booTt  that  a  government  ought  to  exist 
in  no  country,  but  accordmg  to  the  principles 
of  the  rights  of  man— he  repeats  agsiin  the 
distinction  he  had  stated  in  his  former  book| 
between  what  he  calls  the  two  systems:  he 
says,  '*  that  the  one  now  called  the  old  is  he- 
reditary, either  in  whole  or  in  part,*'  which 
that  of  England;  and  the  new  is  entxrel 
representative," — ^thal  is,  a  government  coi 
sisting  of  a  Commons  Hous-c,  if  you  ch 
so  to  call  it— We  know,  that  in  1649  t 
roline  government  in  this  country  was  call, 
a  parliament,  called  a  Commons  House,  am 
it  was  then  enacted,  that  if  any  persons  shouh! 
attempt  to  put  a  king  into  this  country,  they 
should  be  deemed  traitors,  with  much  less  of 
an  overt  act  manifested  than  is  necessary'  at 
this  day.  Again,  it  is  stated,  "  an  lieritab; 
crown,  or  an  heritable  throne,  or  by  whal 
ever  fanciful  name  such  things  may  be  cali 
have  no  other  signi^cant  explanation  1^ 
that  mankind  are  he n tab  I e  property.  To  in- 
herit a  government,  n^  to  inherit  tlie  people^ 
as  if  they  were  flocks  and  herds.'* 

"  Hereditary  snccessiou  is  a  burlesque  npoi 
monarchy.    It  puts  it  in  the  most  ndiculou 
light  by  presenting  it  as  an  o4hce,  which  an; 
chdd  or    idiot  may  611.     It    requires  sonm' 
talents  to  be  a  common  mechanic,  but  to  b« 
a   king  requires  only   the  animal  figure  of 
man,  a  sort  of  breathing  automaton.    This 
sort  of   superstition    may   last  a  few  years 
more,  but  it  cannot  long  resist  the  awakened 
reason  and  interest  of  man  ;'*  then,  **  in  what- 
evor  manner  the  separate  parts  of  a  constitu 
tion  may  be  arranged,  there  is  one  geuersd 
principle,    tliat    distmguishes  freedom   from' 
slavery,  which  is,  that  all  hereditary  govern- 
ment over  a  people  is  to  them  a  species  a^ 
slavery,    and    representative  government     ~ 
freedom;"  then,  speaking  of  the  crown 
England,  that  crown,  in  which,  according 
the  law  and  constitution  of  this  country, 
cording  to  its  principle  and  practice,  is  vcst< 
the  sovereignty  in  the  manner  in  which 
have  staled  It,  he  says,  "  having  thus  glanci 
at  some  of  the  detects  ot  the  two  Houses 
Parliament,   I  proceed  to  wliat  is  called  the 
crown,  upon  which  1  shall  be  very  rrinci«<?. 

sterli  I! 

leave  to  upvLTv  1    in:it  tm**,    wniiii    ji  a 

often  detailed  for  the  worst  of  pur[  i- 

not  but  h^   L,w,,„.,   ♦,.  those  who  yi 

thing  of  1                         I  of  llie  c  t{ 

charge  noi^,                     ^'^  ^vlin  .y 

thing  of  the  c-  j  ] 

who  do  not  ki        ^  \ , 
grofs  miareprtacnlattou^-^*  Lhtj    busmeia   of 


Jbr  tttgh  Treaso 


U.T).  1794. 


[290 


mi' 

•  > 

moai-^. 

^M  11 

h,  so^iic 

Vi.  a^M^^i 

1     kiM::     jnu^jK 

lao^behoi 

i  supcrs^titiuus 

ilMiawce   I 

.,»hi.r.       .1,1.1 

»4iii»caJ1 

I' 

It," 

1       '         , 

, 

anotlur  pni I  of  this  work. 

^  «* 

vLts  very  welt 

%Witrr 

rrcitjjantlents 

i»t 

composers  of 

U 

(1  ;   that  thq 

lgii£^. 

hilionof 
e  to  re- 

•anaBiciv^i^ 

;  ,       ' 

Hmt'mhnW 

mih  It 

lUl.M 

1      H>rj)      'Jl                                       'it 

taMiJ 

incnl:  aivfl  K;                  ti- 

€d|y(}w.  ^....i .  liut  h 

IV*'     Ih")     'ML.,.,,.,,,      -t.  use 

if  be  hwi  staled 

it 

k'                 even  iri  the 

Ittneiiiiiif  tif  ir 

'*?. 

,i!i1j-hrs   lliiS 

l«k.i 

re. 

liHb  Hi 

.•-,:      jiil'tH 

«i4tl)r 

ihc  constitu- 

IMOI    1 

he   foresaw 

<^  in  August  I ; 

^I'ii, 

(itKl  (  t^m  prove,  that 

IhoK  pcraon*,   ^ 

111*  1 

A'PTP  Ihu*?  approving  tlie 
knew  that  a 
ly  wUh  those 

ESSr 

Ivtrnfilei;  #»»'} 

ii  itiem  therefore, 

£2."^-'" 

J/. 

4  kiiig  s)jouid  not 
reiolntioas    being    re- 

K' 

^■mi''.^.-, 

,.,,  ^i-.rr...Lt    ..  .t-'i  i^lttkcn 

ofoallMm 

ty,  atid 

t  ^«|i,  mhi^^^ 

to  the 

hMk  llMvelii  n> 

ho**k  of 

^rpfOceedin-. 

'  uiHli;h; 

bia  tiiii  t» 

-0- 

Pqoh  wL 

Vi,d 

fiwStaifit 

i  Ui  the  lH>ok ;  »iiul  tiicn 

wiOi  j|¥i^ 

nation  of  thern^  in  the 

lUiiip 

WorkJ,    VmU   Times, 

Ax™, 

^Llc^ojid  (ieutr;*!  Evcn- 

'   ling  tiie 

pnupid  * 

1  for  the  i 

52Sr  ' 

*    ion, 
is 

Ibca,^  JUsrr^b  tiiA,  l^tK','— his  hund^wnUu^ 
Ul«  word*   **  l^tt*    ihifUianU    mvmiH'n^*" 

iiaikr,   I  rAxmot  s;ty  by  him,   hnt  by 
la^f,  I  •«p|HJ-«  fnr  iljc  pvirpo!«e  of  being 
famuli  t   (here  i»  ut  tlte  condu- 

•i«i  o:  \T\  iho  Ikmd-wntuiij  ot 

I:    ' 

tccT^Aty  do  reiuru  ike  thanks  qf 
liu  .in>fui^  ia  ih€  SoCiitj/  for  Comiitutionul 
JM^imimn  uiMi^k^d  tu  SMffici^I,  ami  tfwt 
ke  #«».-^..  #,5  1410^  ^ij^  wh^tjhmiUhip  nmi 


.J /Za'^    'viely  embraces  tKcm^  as  bruthrr 
ffcri  in  the  tam^  fntjse  ;  ■  * — ojf 

3jiie  :mt]  practice  I  suppose.   *'  That  he  dp 

'■    (htm   i^'  our  tntirc    concttrnnce   itHik 

Lilt  it  optmon,  ru.  (hat  the  ptopk  of  (hit  conntr^^ 

are  nntf   us  Air.  httrke  tcnna  thu^Uy  Kimnei'*^f»\ 

ihr  iv'ri»"r  of  ihi-s  mnsl  have  known  very  weln 

in  which    an    improper  wurJ,   £1 

..     i  imil,  was  used  by  the  person  t^J 
whom  lie  now  alludes, — but  rational  kin^i^} 
better  qualified  to  ifparote  truth  from  en  or 
than  hirnMti/f  jyosnesiing  more  hondtjff  and  Us$ 
crafh 

^*  RtBotvfdt  that  this  society  niH  an  Friday  I 
ntrtf   March  31jt^   ballot  for  the  t  etc  he  osw 
$ucifited  members  rtcoitimtndtd  by  the  Shcffitl^^ 
ctnumittte^  and  approved   ot    IhiS  meeting,-* — -J 
T'     1  iJiia  paper  is  tJvua  ordered  to  be  pub- 1 

1  for  the  primary  purpose,  I  submit,  of! 
itLniumending  that  prmcipic  [and    pr;u:ljce,] 
which  makes  the  Sheffield  people  **  fellowv  j 
labourers"  with  the  Constitutional  Society  iQ 
the  siime  cauisc  of  principle  and  practice,  an4 
which,  both  in  the  ])rinciple  and  practice,  waf  ] 
anued  at  the  destruction  of  the  govrmraent  of] 
the  country; — of  that  hereditary  mormrchy. J 
which  Piiine  represents  as  tyranny;— of  tha|j 
linated  monarchy,   which   he  represents  ai 
tyranny  ;  and  for  the  purpose  of  recommendT  I 
ingXliai  repreiteHtative  government f  which,   I] 
say,  is  the  true  sense  of  all  the  words  which  ' 
these  people  use :— but  this  is  not  all — you 
will  observe,  that  this  paper  of  resohitions 
was  accoaiptuiitd  by  a  letter,  in  which  letter  ' 
there  is  also  the  hand- writing  of  Mr.  Took«x  | 
and  thai  the  paper  states  that  two  thousand  . 
members  belong  to  the  Bocicty  at  Sheifield, 
and  that  tliis  number  is  to  be  ttalcd  by  pul^ 
lication,  as  the  mmiber  of  persons  belonging  ^ 
to  the  ftociety  at  ShclTitld.     In  another  pubh* 
calum    they  are    stated   to  amount  to  twa 
thousand  four  hundred^iu  November  J 793, 
it  is  stited^  that  they  were  many  thousands  i  ' 
now  you  will  see  from  the  witnesses,  some  of 
these  eurrespondeuLH,  these  able  men,  who 
are  so  little  corrupt,  in  the  course  of  cxamirm* 
lion — ^you  wdt  see,  unless  I  am  mistaken  ia 
the  cllect  of  the  evidence  I  have  to  oHcr,   the 
truth  of  an  obT^crvatloti  that  1  made,  that 
mankind  were  to   be   misled,  and   societies 
were  to  be  invited  to  be  created,  by  the  mis- 
re^trcseniaiion  of  numbers,   and  by  j^iving  tQ 
'Msting   fiocieties  a  colour  in   I  hat   respect, 
nhuh  did  nut  bclunja;  to  them;   tor  to  this 
after  all  the  pains  which   have  been 

*   with   the   Shctheld  petiple  (and  what' 
p.utjs  ygu  will   hear),    those    persons,  who 
vNLre  two  thousand^  have  yet  arrived  \o  bu| 
about  six  hundred. 

Gentlemen,  this  iocietj,  haviAE  m  thii 
letter  expressed  an  inclination  tlmt  the)f 
should  have  some  associated  members  in  tha 
Corutituli*      '  '  '    •    !'»Ualion  l)e£»in9 

ill    the   i  V  in   Londcni 

Will  tind,  that  upon  ihc  lilstol 
jHf^oni  wwic  ballotled  fur  as  ii^  ..  ..- 
U 


291] 


55  GEORGE  III. 


Trial  of  Tkomtu  Hardif 


caw 


field  Society f  and  became  associated  members 
of  this  society ;  you  observe,  that  this  letter 
had  stated  Vrom  Sheffield  thai  they  had 
received  before  a  communication  from  Mr. 
Tooke,  and  Mr.  Tooke  afterwards  writes  a 
draught  of  a  letter  which  is  sent  to  them,  in 
whicTi  he  slates,  "  I  am  directed  by  the 
Society  for  Constitutional  Information  to 
acknowledge  the  receipt  of  your  letter,  and  to 
express  to  you  that  vciy  great  pleasure  and 
satisfaction  which  they  received  from  your 
communication;  the  society  have  unani^ 
muusly  elected  t^'elve"  (here  follow  the 
names  of  the  persons),  **  as  associated  rasm- 
bers  of  this  society,'' — These  persons  being 
certainly,  gentlemen,  extremely  respectable 
men  as  subjects  of  Great  Britain^  but  at  the 
*ame  time  men,  that  one  wonders  a  lililc 
should,  upon  such  a  purpose  as  this,  without 
a  little  more  instruction  being  infused  into 
their  minds,  have  been  associated  as  members 
into  this  society—**  and  we  flatter  ourselves, 
that  when  any  business  or  other  occasion 
shall  lead  any  of  those  gentlemen  to  London, 
they  witt  be  kind  enough  to  honour  the 
society  by  their  presence,  and  give  us  an 
opportunity  of  cementing  that  friendship 
between  us,  which  all  the  zealous  friends  of 
public  freedom  and  the  happiness  of  mankind 
ought  to  feel  and  exercise  towards  each  other. 
**  P.  S.  I  am  desired,  by  Mr.  Home  Tooke, 
to  request  each  of  the  associated  members  to 
honour  him  by  the  acceptance  of  the  books 
which  accompany  this  letter  f^ — which  were, 
I  apprehend  it  appears,  so  many  parts  of  the 
Rif;hts  of  Man, 

Gentlemen,  upon  the  24th  of  March  1799, 
a  paper  apecars  to  have  been  sent  to  the 
Constitutional  Society  from  a  nest  of  societies, 
the  United  Constitutional  Societies  at  Nor- 
vrich;  this  was  the  24lh  of  March  1792,  and 
it  appears,  as  I  am  instruclcd,  that  the  words 
"  'i-tth  March  1792/'  are  also  in  Uie  hand- 
writing of  Mr.  Tooke. 

**  At  a  meeting  of  the  delegates  of  th« 
Uniletl  Constitutional  Societies,  held  the  24th 
March  1799,  at  the  Wheel  of  Fortune,  St. 
Edmund's  in  the  city  of  Norwich,  it  was 
unanimously  agreed  to  communicate  to  the 
getatlemen  of  the  London  Society  for  Consti- 
tutional Information,  the  following  Resolu- 
tions: 

**  1st,  We  are  happv  to  sec  the  success  of 
the  Sheffield  Society  for  Constitutional  Re- 
form,  and  approve  of  the  delegations,  which 
yoti  and  they  have  made  in  order  to  form  a 
man  of  general  infurmalion.  We  humbly 
teg  that  you  would  grant  to  us  the  same 
favour;  aiid  it  is  our  wish,  that  all  the 
societies  of  a  similar  kind  in  England  were 
only  as  so  many  member  and  india- 

^aotubly  united  in  one  poh  ,. 

"'idly.    We   briievc   iu.a   m^lructing  the 

people  m  political  knowNnl-^c,  and  in  thrir 

^pftmral  and  inherent  n  ^ 

ttnlj  e0eclual  way  to  ol:  i 

fef  nAum^  fur  m«u  neco  oujv  i><.  mauc  nc* 

lUftilltadwitli  the  abuMJH^f  government,  and 


wiia 


they  will  readily  join  in  every  liwfut  means  lo 
obtain  redress;  we  havethc  pleasure  to  inform 
you  that  our  societies  consbt  of  some  hui^ 
drcds,  and  new  societies  are  frequently  form- 
ing, which,  by  delegates,  preserve  a  mutual 
intercourse  with  eacti  other,  for  nuitual  in- 
struction and  information;  and  the  trreatesl 
care  has  been  taken  to  preserve  order  and 
regularity  at  our  nieetmgs,  to  convince  the 
world  that  riot  and  disorder  arc  no  parts  of 
o\n*  political  creed. 

*^  3dly.  We  believe,  and  are  tirmly  per- 
suaded" (and  if  any  man  thought  so,  he  nad 
a  riffht  to  say  so  if  he  pleased),  "  that  Mr, 
BurKc,  the  once  friend  of  liberty,  has  traduced 
the  greatest  and  most  glorious  revolution  ever 
recorded  in  llie  annals  of  history;  we  thank 
Mr.  Burke  for  the  political  discussion  provoked 
and  by  winch  he  has  opened  unto  us  the  dawn 
of  a  glorious  day. 

'*  4th ly.  To  Mr.  Thomks  Paine  our  thankf 
are  especially  due  for  the  First  and  Second 
parts  of  the  Rights  of  Man,  and  we  tiocere^ 
wish  that  he  may  live  to  see  his  labonrft** — 
that  is,  the  destruction  of  hereditary  govern- 
ment and  limiled  monarchy,  and  conscqueatlt 
the  government  of  England — **  crowned  with 
success  in  the  general  difliision  of  liberty 
happiness  among  mankind/' 

Gentlemen  tnis  letter  does  not  ap^ 
(though  the  words,  the  S4tb  of  March,  are  is 
the  hand-writing  of  Mr.  Tooke)  to  have  beea 
read  in  the  Constitutional  Society  till  the  14th 
of  May  1792,  when  they  read  this  letter,  and 
also  another,  which  I  will  now  state  to  you^ 
from  the  society  called  the  Norwich  Revolu* 
tion  Society. 

**  The  Norwich  Revolution  Society  wbhes 
to  open  a  communication  with  you  atthisttsicv 
when  corruption  has  acquired  a  publicity  in 
the  senate,  which  exacts  from  the  honour  of 
the  Dritii^U  nation  renewed  exertions  for  par- 
liamentary reform^ — without  prejudging  the 
probable  event''— (Ihis  is  a  raateriarpassage, 
when  you  connect  it  with  what  is  found  m 
other  subsequent  papersj — "  even  of  such  sn 
application  lo  the  legislature,  tlie  society  is 
willing  to  circulate  the  information,  and  to 
co-operate  in  the  measures,  that  may  seear 
best  adapted  to  further  so  desirable  and  so 
important  an  end ;  it  is  willing  to  hope  the 
redress  of  every  existing  grievance  at  Xhm 
hands  of  a  government  resulting  from  an  cji* 
Iraordinary  convocation  in  1688— an  eatraor^ 
dinary  convention  of  all,  who  had  at  auy  pnv 
ceding  time  been  elected  rcpreseutativct  of 
the  people,  assisted  by  the  hereditary  coun- 
sellors of  the  nation,  and  a  peculiar  dcnuta* 
tion  from  the  metropolis;  which  natiooai 
constilutin^  assembly  cashiered  for  tttSscai^ 
duct  a  king  of  the  house  of  Stuart** 

The  opinion^  and  principles  of  this  vode^ 
are  bcM  t  by  an  appeal  to  ibeir  lit^ 

raryrc(  .  o^^  To  James  Macki&lorit^^ 

*  In  1&03  apfioinled  Recorder  of  Bombay, 
on  which  occasioti  hertceiired  the  booouroi 

knighthood. 


«6] 


Jm  High  Treatcn, 


A.  D.  1794. 


i9Q^ 


IT  I  y^  the  society 

II  aion  and  giu* 

1 1^  J  w  ledge,  Ujc  tloquence,  and 

?h  i\  splrU,  with  wlijch  he   has 

jw  Jed,  aud  commented  on  the 

ui.  nnce;  it  hesiialcs  to  assent 

ri    II i^  43ptDioDS — that  there  are 
rests  in  bociety,  those  of  the  rich 
„,-^-  uf  the  poor — if  so,  what  chance 
the  luttcx  ?     Surely  ihc  interests  of  ali 
I  indusihous^  from  the  richest  merchant  to 
I  poorest  mechanic,  are,  in  every  community 
e,  to  lessen  the  numbers  of  the  unpro- 
x%  \Q  whose  maintenance  they  cojUri- 
p,  ntvl  \ii  do  away  such  institutions  and  im- 
ridget)je  means  of  maintenance, 
the  demand  for  iahour,  or  by 
im^  1 :  as  the  means  most  condu- 

<]ff«  U*  lehensive  end»  the  Norwich 

it  '  sir«fi  an  eqiiiLable  repre- 

,  it  A^.^ni-,  .^1  iVian  by  Tliomas  Paine, 
tod  th«  tdirice  to  the  privileged  orders  by  Joel 
"^  '  iw,**  A  book  which  I  sbaU  give  in  evi- 
'  therefore  shall  slate  some  passages 
^raESCOtiy,  "  have  also  been  read  With 
ition  and  circulated  with  avidity/' — Now 
^s  book  you  wiU  hud  is,  in  llie  plainest 
tD09t  tmequivocal  language,  as  I  uuder- 
it,  an  ejihortalion  to  ail  people  to  get 
4if  iuiigty  government,  and  addressed  more 
|«ticuUrJy  to  the  two  societies  I  have  mcn^ 
iMtdV  fts  ci.'i  the  substance  of  the  bu- 

im%  in  ^  are  interested,  as  you 

nil  IM  wb<'n  i  come  to  State  the  transaction* 
dOctebcr  1799. 

■  The  Rights  of  Man  by  Thomas  Paine, 
tod  %km  advice  in  the  privileged  orders  by  Joel 
Blvkr«r,  have  al^)  becii  read  with  atlention 
lod  drailaud  with  avidity  ;  they  point  out 
%itJi  dcamess  jsosl  of  the  ahuses  which  have 
Utijittlilcd  uoder  tlie  British  government; 
fifty  att^^tk  with  energy  most  of  the  prejudi^ 
"  ,vc  tendedto  perpctuale them." 

A-  any    man  living  couJd  tliank 
|jc*jt4c  without  informm^  them  tliat,  if 
Ih^  r«iJly  meant  well  to  their  country,  they 
be  i  in  the  extreme,  or  something 

could  reconcile  either  the 
ut  iniHii  oi  Joel  Barlow's  book  on  the 
Orders  with  the  principles  of  that 
in  1688,  which  is  the  foundation 
i4'|Im  litelies  of  this  country,  is  to  me  quite 
OBl^Qcpble,  Hi  If  AhvT  St  at  in  (7  Uic  consli- 
toliQiioClli]  r  fabricated 

1  vvclve  names 
led  members  from  Nor- 
i  »piion  of  some  of  these 
fxn^  al?K>,  from  a  siiig;idar  circum- 
•tidicci   te    bp    in  the   h^nd- writing  of  Mr. 
Tmkau    Tb'  sr turns  thanks  to 

Iba  aockti*.  md  Norwich  for 

llip  raioluiioiis  uf  the  London  Correspond- 
M|Sadetj^  which  1  loir*  -re  sent  ou  ihc 

MiirfMafi:b,ar«  10  ' 

**  ItiOlvcdiTbat  en  f,-  ♦^v..  -  Uual  has  a  right 


to  share  in  the  government  of  that  society  of 
which  he  is  a  member,  unless  incapacitated, 

"  Resolved,  That  nothing  but  non-age,  ofj 
privation  of  reason,  or  an  onence  a.i;ums£  therf 
general  rules  of  sucicty,  can  incapacitate  hira^^l 

**  Resolved,  That  it  is  not  less  the  right^.| 
than  the  duty  of  every  citizen,  to  keep  ak 
watchful  eye  on  the  guveruraent  of  thiscoun^l 
try,  that  the  laws,  hy  being  multiplied,  do  notj 
dt-generale  inlo  o(ypression,  aud  that  those  \vh<i 
are  intrusted  with  the  government  do  not  ^ub* ' 
stilute  private  miercst  for  public  advitntck^'. 

**  Resolved,  That  the  people  of  Great  Bri- 
tain are  nut  properly  represented  m  parlia* 
ment, 

**  Resolved,  That  in  consequence  of  a  par- 
tial, unequal,  and  inadequate  representation^ 
together  with  the  corrupt  method  in  which 
representatives  are  elected,  oppressive  ta3tes,^ 
unjust  laws,  restrictions  of  linerty,  andwasl^j 
ing  of  tl^e  public  muney,  have  ensued, 

"  Resolved,  That  the  only  remedy  to  those 
evils  is,  a  fair  and  impartial  representation  of 
the  people  in  parliament. 

"  Resolved,  That  a  fair  and  impartial  repre-  i 
sen  tat  ion  can  never  lake  place  until  partial  j 
privileges  are  abolished,  and  the  strong  temp-  \ 
lations  held  out  to  electors  aBbrd  a  presump- 
tive proof,  that  the  representatives  of  thia 
country  seldom  procure  a  seat  in  parliamentj^ 
from  the  unboimht  suffrages  of  a  tree  people. 

"  Resolved,  Tnat  this  society  do  express 
their  abhorrence  of  tumult  and  violence  x 
and  that,  as  they  aim  at  reform  not  anarchv^ 
reason,  lirmness,  and  unanimity  be  the  only 
arms  tiiey  employ,  or  persuade  tlieir  fellow- 
citizens  to  exert  against  abuse  of  power.** 

Gentlemen,  in  this,  which  I  have  now  read 
to  you,  I  am  willing,  if  you  please,  that  you 
should  construe  every  word  of  it,  though  cer- 
tainly it  is  not  consistent  with  the  principles 
of  British  government,  upon  tliis  principle, 
that  those,  who  sent  tliat  paper  to  the  Consti- 
tutional Society,  if  it  even  was  sent  there  at 
alt,  really  understood  it  to  be  consistent  with 
the  principles  of  the  British  government;  and 
1  claim  no  credit  fur  the  veracity  with  which 
I  assert,  that  this  conspiracy  has  existed,  un- 
less 1  show  you  by  subsequent  acts  of  this  so- 
ciety, that  at  this  moment  they  meant  what 
Mi\  Paine  hays,  in  principle  and  practice,  is 
the  only  rational  thing— a  uprescntaiivt  gO' 
Terument :  the  direct  contrary  of  the  govern- 
ment which  is  established  here. 

Yon  will  find,  by  what  I  shall  lay  before 
you,  that  there  was  a  society  in  South  war  k, 
— ^lo  this  society  the  London  Cor  res  pond  uig 
Society,  in  a  letter  which  I  iiave  to  read  to  you 
presently,  stated  their    adoption  of  all  Mr. 
IVine^s  principle*,  with  a  view,  as  I  think,  ta 
the  pracUcc  recommended  in  his  works  t  thif  ^ 
society  also  received  the  thanks  of  the  Consti- 
tutiona!  Society  for  a  communication  which  I , 
am  about  to  state  to  you ;  and  the  Londoi^  | 
Corresponding  Society  afterwards  entered,  as  , 
it  seems  to  me,  into  a  combination  with  thcm|  ^ 
upon  tlic  prhiciplcs  stated  in  that  coiummu-' 


295] 


35  GEORGE  III. 


cation:  I  say  it  is  impossible^  attendittg  to 
tliese  facts,  for  any  man  who  reasons  fairly, 
to  doubt  that  the  principle  of  the  London 
Corresivonding  Society  ana  of  the  Constitutio- 
nal Society  was,  to  form  a  repretentative  go- 
vernment, in  this  country. 

A  declaration  from  a  society  in  South wark 
was  read :— *'  Resolved,  that  the  thanks  of 
this  society  be  given  to  the  Southwark  society 
for  the  following  communication,  and  that  it 
be  published  in  tne  newspapers : 

•'April  IP,  t79t2,  at  the  Three  Tuns  tavern, 

Southwark     Resolved,  That  we  do  now  form 

Ourselves  into  a  society  for  the  diffusion  of 

political  knowledge. 

:       "  Resolved,  That  the  society  be  denomi- 

\    sated  the  Friends  of  the  People. 

"  Resolved,  That  the  following  be  the  de- 
.  claration  of  this  society," — which  is  the  pre- 
■  amble  to  the  constitution  in  France,  in  the 
;  year  1791. 

"  Considering  that  ignorance,  forgetfulness, 
or  contempt  of  the  rights  of  men,  arc  the  sole 
causes  of  public  grievances,  and  the  corruption 
of  government,  this  society,  tbrmcd  for  the 
purpose  of  investigating  and  asserting  those 
rights,  and  of  uniting  our  efforts  with  others 
ol  our  fellow-citizens  for  correcting  national 
abuses,  and  restraining  unnecessary  and  ex- 
orbitant taxation,  do  hereby  declare— 

"  First,  That  the  great  end  of  civil  society 
is  general  happiness. 

**  Secondly,  That  no  form  of  government  is 
good,  any  farther  than  it  secures  that  object. 
^  "Thirdly,  That  all  civil  and  political  autho- 
rity is  derived  from  the  people" — that  people, 
of  whom  they  were  afterwards  to  form  a  con- 
vention. 

"  Fourthly,  That  equal  active  citizenship  is 
the  unalienable  right  of  all  men;  minors,  cri- 
minals, and  insane  persons  excepted.*' 

Now  will  my  friend  dispute  with  me  what 
these  principles,  according  to  the  ideas  of  those 
who  state  them,  lead  to  ? 

"  Fifthly,  That  the  exercise  of  that  right, 
in  appointing  an  advijuate  representative  go- 
rernwc«f,"— that  is,  the  government,  which 
Mr.  Paine  tells  you,  rejects  every  thin;»  that 
is  hereditary— is  what; — "the  wisest  device 
of  human  puliry" — not  only  that,  but  it  is — 
"  the  only  security  of  national  freedom." — 
Tlien,  is  not  that  a  direct  assertion,  that  the 
British  government  exists  upon  principles  not 
reconcilable  with  the  principles  of  a  govern- 
ment thai  can  have  any  security,  or  such  a 
security  as  it  ought  to  have  for  general  free- 
dom? 

The  Society  for  Constitutioniil  Information 
return  their  thanks  upon  that  also,  and  then 
those  persons  who  write  this  letter  say  far- 
ther in  the  same  paper — 

"  We  cull  upon  our  fellow-citizens  of  all 
descriptions,  to  institute  societies  for  the  same 
great  purpose"— that  is  the  purpose  of  intro- 
ducing representative  government — **  and  wc 
recommend  a  general  correspondence  with 
each  other"— but  alticlicd  and  rivelted  to  the 


Trial  of  Tkomoi  Hardy  \2S& 

Constitutional  Societv— '^  and  with  the  Soci- 
ety for  Constitutional  Information  in  London, 
as  the  best  means  of  cementing  the  common 
union,  and  of  directing  with  greater  energy 
our  united  efforts  to  the  same  common  ob- 
jects." 

What  were  the  objects  of  this  society }  You 
will  find  that  the  objects  of  this  society  were 
the  objects  of  the  Constitutional  Society; 
and  you  will  find  presently  that  tlie^  were 
the  objects  of  the  Currespondine  Society : — 
The  Constitutional  Society  resolved,  **  that 
every  society,  desiring  an  union,  or  correspon- 
dence with  this,  and  which  doth  not  profess 
any  principles  destructive  to  truth  or  justice" 
— now  this  gives  occasion  for  the  first  remark 
I  have  to  make  upon  language — •*  or  subver- 
sive to  the  lil»crties  of  our  country :  but  which, 
on  the  contrary,  seeks,  as  we  do,  the  removal 
of  corruption  frum  the  legislature  and  abuses 
from  the  government,  ought  to  be,  and  we 
hope  will  be  embraced  with  the  most  bro- 
therly affection  and  patriotic  firiendship  by  this 
society." 

I  observe  upon  this,  that  all  this  handsome 
langiias;e  is  perfectly  consistent  with  this 
principle,  in  the  minds  of  those  who  write  it, 
and  they  do  not  venture  to  explain  it,  because 
I  think  they  durst  not  explain  it,— with  this 
idea  in  their  minds,  that  those  principles 
were  destructive  of  truth  and  justice  were 
subversive  to  the  lil)crties  of  the  country, 
which  were  principles  in  opposition  to  those 
of  Mr.  Paine;  and  that  all  practice,  that  was 
in  opposition  to  the  practice  he  recommends, 
was  subversive  to  the  liberties  of  the  country. 

I  come  now  to  a  circumstance  or  two, 
which  lead  nic  to  state  shortly  what  will  be 
proved  to  be  the  original  constitution  of  the 
I/)ndun  Corresponding  ScK-icly — the  plan  (the 
eflicacy  of  which  had  been  tried  in  France, 
and  which  men,  who  ctmie  from  thiit  cotmirj', 
were  probably  well  acquainteil  with) — was,  to 
unite,  first  sniall  bodies  of  men — as  s<ion  as 
they  tame  to  a  greater  number,  to  divide 
them  into  smaller  parties,  and  so  to  spread 
themselves  by  degrees  ^as  you  will  find  in  the 
letters,  was  the  piirpose  of  these  societies), 
from  town  to  town,  from  village  to  villag^e, 
from  hamlet  to  hamlet,  till,  as  they  explain 
it,  there  should  not  be  an  unenlightened  man 
in  the  country. 

The  constitution  of  the  London  Corres- 
ponding Society  was  formed  upon  this  prin- 
ciple ;  It  will  appear  from  the  written  evidence 
which  will  be  produced  to  you,  that  a  gentle- 
man of  the  name,  [  think  of  Felix  V'aughan, 
was  appointed  a  delegate  upon  the  30th  of 
April,  lor  No.  63  ;  that  Mr  Hardy  consulted 
him ;  and,  bein^  also  appointed  to  form  a 
constitutional  code  of  laws  for  the  London 
Corresponding  Society,  Mr.  Hardy  consulted 
him  u|)on  that  subject.  The  preamble  to  tlie 
resolutions  which  formed  their  constitution 
was  this :  "  Whereas  it  is  notorious  that  very 
numerous  burthensomeand  unnecessary  taxes 
arc  laid  on  the  persons  and  families  of  us  and 


Jbf  High  Tremom* 

ns  inhabitants  of  Great 
Iv  >Tf  ;it  mrijority  of^hom 
'  fh>ni  all  reprt?- 
>^  iipoii  in*juiry  \ 
t,%  >fhich  \s  at  ( 
mstry,  and  a  di-  | 
Ut)v>u  i>l  uur    |>roj>crt>\   wr.  tin<l  tUat  the  ( 
llitiiMlinii  ».r«»iir  couulry»  which  was  pur-  j 
enpeniRc  of  the  Uve»  of  [ 
V  the  violence  and  intrigvic  ) 
_        n,  been  injured  I 
^etilial  and  im-  1 
rriv  tn  the  Houfteof 
■u\t  pf  the  supposed 

.1,.      .^      i,#MtLr.r-      .,,^,ro 


-t  such  do   fL<>ftertioQ   in  this 

I  of  Iftw  in  this  country  has  not 

imctcr  that  belongs  to  law  ; 

rd  power  *rva'^  ever  to  be  em- 

Mon  of  that 

iicielyaim- 

i  w;lli  liieir  own  principles,  rc- 

lotnent  iinintelligiMc  to  itie — 

'      <?inthemodeofeIcc* 

liamejit^i,  or  from  a 

'     -     i  corpora- 

iie«5ot  this 

'J  ^T^.,v  from  the 

licrs  of  parhattienl: 

n.  iiM  thii  until  this 

Ld  by  the 

jiiessj   and 

t'  are  robbed  of 

>ii  hvourforc- 


A.  D,  1794, 


[2 


»  diid  UiTti  our  ta* 

wi!!    ffo  on     1 


rd  tor  the  sail 
v^tlupteil     the 
'  roftl   order 


.  iuid  pensions, 

trlianienl :  we 

ourselves 

ly,  for  the 

nruJ  others  of 

par  liame  alary 

•—  "f'ul  bui 

lOce, 


and  so- 


Thry  thtn  slate 

lution  hav- 

1   it  af\cr- 

t  observa- 

>  it  in  I  he 


for  No,  m\  Mr.  Rkhter,  a  party  tiamtd  in 
ttiis  indrctrneni,  and  Mr.  Marhn  v,Mr.ih«»r 
parly,  a«;ainst  whom  the  graoM  vc 

Ibund  a  6iU,  but  who  is  not  natnr^  in- 

dictment^ ore  also  appointed  delegates.  Mr« 
Hardy  is  not  only  secretary,  but  he  b  tp- 
pointed,  upon  the  IDth  of  April  a  d^l^gate ; 
and  there  is  a  choice  of  delegates  for  the 
whole  of  these  bodies.  You  will  find  they 
afterwarrls  met  from  lime  to  time,  to  pur- 
sue the  great  purposes  of  their  ineornor** 
tion,  at  an  alehouse,  I  think,  the  Betl  m 
Eaeter  street,  in  the  Stmtid,  from  which  plaeo 
some  of  the  correspondence  I  am  about  to  state 
to  you  comes. 

Gentlemen,  the  Society  for  Constitutiotuil 
Information,  having  affiliated  several  socie- 
ties very  suddenly  with  themselves— whether 
Mr,  l^inc  remained  in  this  country  or  not  I 
cannot  tell — they  felt  an  incliuation  to  affiliate 
with  another  soticly,  which  Is  to  be,  as  it  ap- 
pear* to  me,  in  justice  to  ibem,  very  slronyly 
dislinj^nshed  indeed  w^ith  respect  to  the  prm* 
ciples  upon  which  they  acted,  I  tomu  the 
society  calling  itself  the  Friends  of  the  Peo- 
ple, meeting  at  Free  Masons*  Tavern  :  with 
what  prudence  or  discretion  that  society 
formed  itself  is  a  subject  which  I  shall  not 
discufis,  but  it  is  a  mosi  important  fact,  that  in 
the  first  attempt,  which  the  .Society  for  Con- 
stitutional InfornmiKjn  made  {and  it  ought  to 
be  knovvn  in  jU5iliee  to  the  Friends  of  the  Peo- 
ple), the  first  attempt  they  made  to  affiliate 
themselves  with  the  Society  of  the  Frti-iKi^  of 
the  Peopld,  that  society^  in  coi  ,ce 

that  will  be  read  to  you,' act 9  as  -  vh 

dual  members  of  the  Constitutiontii  .Society 
had  done ;  they  say—**  No,  we  discover  y^uf 
design  from  wlial  you  are  doing;  you  tell  u«. 
from  your  apprabatiou  of  resolutions  eiiterea 
into  at  Manchester,  signed  by  Mr.  Walker 
and  Mr.  Jackitun,  that  you  approve  the  sort  of 
schemes  Mr.  Pajoe  has  set  lortlij— that  you 
approve  pnjccts  of  giving,  in  loo^e  and  inde- 
finite terms,  the  tiiU  extent  of  wK^'  ^^"'  fsill 
the  rights  of  the  people,  to  the  |  ii 

is  notour  intent;  we  think"-  _    lUe* 

men,  many  a  man  may  vti  Ihinit 

it,  but  he  must  go  about  thf  k  of  hie 

thoughts  in  a  le^l  wdVi  il  1>^  dot-s  au  think, 
if  he  means  to  reduce  his  thoughts  into  prac- 
fice— -"  we  think  ihdt  paHi.tmeru  is  not  arle- 
ijitatc  to  all  the  end^  f^^^r  which  it  i*  ifHfiUited 
as  n  liody,  Ihroui^h  which  is  to  1"  as 

fiiT  !*^  the  consliintiou  requires,  H  ^hc 

■  '.'     '•  r    ■  ■    '  ■■  ■'"■     ■'"   '        I  mean; 

coneti- 

'.viMLri  ill- 1 1..,'-(  >'n.  M-  ,..--,  .-i'  meafl*/* 

d  John  RusAell!  in  a  letter,  which  wiU 

-  1,1  i,r.  >,.)..  r  Uie  tbrm««  of  the  con- 

musl  decltiM  all  em-- 


; 


«0J. 


Jenii^n,  it  h:ippen%— it  l>eUmgs  it  SO- 
;         ^    ^  uf  thi^  nntTtrr^   nnd    !   desire  to  IMj 

^ —  I  umJrfalood,    '  ♦  lt»  only  as 

lioti,  Vol  23,  p.  I  stating  a  tn  u  its  nature 

I  docs  belong  to  tUu:>t:  ^uiicUc^,  autl  whicb 


3 


35  GEORGE  XU. 

kippeo— tlmt  il  was  thought  necessary,  for 
the  great  purpo&e  of  domg  that  which  was 
eventually  to  be  done,  that  a  society,  which 
had  rejected  co-operation  with  the  Society  for 
ConsUtutional  liifuroiatioD,  should  stiJl  be 
iept,  for  the  purposes  of  the  Society  for  Con- 
stitutional Information,  in  fact  and  cifect 
corresponding  and  connected  with  it*  Ac- 
cordingly you  will  find  that  this  Society  of  the 
rrienos  ol  llie  People,  rejecting  upon  principle 
the  plan  wlilch  they  tliotight  abandoned  the 
forms  of  the  constitution,  that  this  society 
retained,  in  its  own  bosom,  according  to  the 
iccouot  I  have  of  it,  many  raembcra,  who 
happened  to  belong  to  the  other  society,  and 
Ihe  work  of  both  societies  went  on  by  the 
same  instruments  :  they  were  thus  therefore 
ixkooected  in  fact,  though  they  did  not  choose 
as  a  body  to  have  one  society  in  connexion 
with  the  other. 

Gentknaen^  having  stated  that,  you  will 
allow  me  now  to  mention^  though  it  is  a  Uttle 
out  of  date,  but  it  also  connects  itself  with 
and  illustrates  the  last  observations  I  made, 
that  the  society  at  Sheffield,  which  had  con- 
nected itself  by  affiliation  with  the  Society  for 
Constitutional  Information,  and  you  will  also 
find  with  the  London  Corresponding  Society, 
had  received,  about  the  'i4th  of  May»  inteUi' 

fence  from  the  Society  of  the  Friends  of  the 
eoplc,  which  stated  to  them  very  correctly 
what  their  objects  were,  the  means  by  which 
they  meant  to  accomplish  them,  and  the 
attention  which  they  meant  to  pay  to  the 
forms  of  tlie  constitution.  You  will  now  see 
what  Uie  Society  for  Constitutional  Informa- 
tion understood  to  be  the  objects  of  the 
Sheffield  Society,  and  what  the  Sheffield 
:iety  understood  to  be  the  objects  of  the 
:iety  for  Constituiional  Information.  The 
lefficld  Society  (though  I  do  not  know  that 
they  kept  their  word)  dlsimctly  disavowed,  in 
a  letter  of  the  26th  May,  to  the  Constitutional 
Society,  having  any  thing  more  to  do  with 
tJial  society— called  the  Friends  of  the  People 
— which  meant  to  preserve  the  forms  of  the 
constitution ;  represented  that  they  had  totally 
misunderstood  them,  and  would  have  notliing 
more  to  do  with  them,  Vml  to  the  extent,  to 
which  the  Society  for  Constitutional  Informa- 
tion permitted. 

You  wUl  fiiid  in  a  letter  from  Sheffield,  of 
the  Jflth  of  May,  and  this  corrected  by  Mr. 
Tooke,  that  they  thank  the  Constitutional 
Society  for  accepting  their  mtmbers,  Tiiey 
then  state  that  they  had  increased  to  two 
thousand  four  hundred. — "  On  Saturday  last, 
the  19th  instant,  we  received  a  packet  nf 
printed  addresses,  resolutions,  &c.  from  the 
Society  ^Vrr-    ML«vn»,v'  '^;iv^Tn^    which,    on 


maturt 
well  rti 
as  we  t 
diflcreii 

SU'-' 

ht. 


■.  not  no 

V  lO  U5t 


if  liicy  biid  jh 
icw  ;   nor  do  n 
'  ct,  as  w( 
^rcled  froi^ 


tion  of  ^  ^cspccUblc  a  body,  undci  tUe  hi 


Jritt/  of  Thomoi  Hardy 

denomination  of  the  Friends  of  the  People* 
In  our  opinion,  their  answer  of  the  19th 
instant  to  your  letter  of  the  27 ih  ultimo  is  no 
ways  compatible  with  that  appellation ;  from  , 
the  known  respectability  of  many  nan 
which  appear  amongst  \hem,  we  had  enti 
taiued  great  hopes  of  their  real  use,*' — mar] 
the  words,  gentlemen — "  in  obtaining  a  the 
rough  reform" — now  mind  what  that  refor 
is — **  in  obtaining  a  thorough  reform  up 
the  principles  of  Sie  rights  of  man,** — that  is 
a  representative  government,  rejecting 
king,  and  rejecting  every  otlier  part  of  the 
constitution  of  this  country,  except  so  far  as  it 
was  consistent  (indeed  it  is  not  consistent  ] 
with  any  part  of  them)  with  the  princinlci  ol 
the  rights  of  man — "  which  can  never  ne  ae« 
compUahed  until  every  man  enjoys  his  lawful 
and  just  privileges. 

^*  Previous  to  tlie  reception  of  this  packet, 
we  did  communicate  to  them  by  letter  the 
]^ leasing  hopes  it  reflected  on  us  on  looking 
forward,  viewing  such  respectable  characters 
signalizmg  themselves  in  support  of  the 
people's  rights,  agreeable  to  the  above  princi- 

Eles,  and  the  denomination  by  which  thcj 
ave  entitled  themselves,  &c.    In  due  coursei^ 
they  would  receive  our  letter  last  Thursdaj^ 
seven- night ;  and  in  consequence,  we  appre 
bend  the  packet  was  forwarded  to  us  on  the 
same  day,  but  without  any  writlcu  communi-*'] 
cation.    We  shall  not  attempt  any  further  • 
communication   with   them,    until  we   are 
favoured  with    your    sentiments   upon    the 
subject,  or  until  matters  of  doubt  which  are  at 
present  entertained  be  removed.^  Then  there 
IS  a  note,  which  shows  the  necessity  of  this  | 
fostering  care  of  the  Constitutional  Society  i 
they  say—'*  Birmingham  in  panicular  claimi^ 
all  the  assistance  from  estaohshed  societie 
which  possibly  can  be  administered.*' 

Having  written  to  the  Constitutional  Society 
upon  the  26th  of  May,  they  6nd  it  expedient^ 
for  the  same  purpose,  to  trouble  their  corres^l 
pondentsofthe  London  Corresponding  Society  ^\ 
**  We  were  favoured  with  your  very  aflfecUo*  I 
nate  letter  of  the  7th  ultimo,  and  communica-J 
tion,  in  due  course ;  and  I  am  directed  by.  I 
this  society  to  inform  you,  that  it  is  withH 
infinite  satisfaction  they  receive  the  informa*  I 
tion,  that  your  firm  and  laudable  endcavourf  ^ 
are  directed  to  tliat  effectual  and  necessary 
purpose,   of  opening  and   enlightening  the 
public  mind,  and  di>       i^i;  useful  know- 
ledge amonestthe  gi  uf  the  people  i J 
by  an  orderly  procecamg  in  »  firm  mn-suil  of^ 
truth  and  equity,  there  cannot  be  a  uoubt  but 
that  our  joint  endeavours  will  in  due  time  he 
crowned  witli  success* 

"  As  brothers  and  fellow-labourers  we  con* 
gratulate  you  on  the  rapid  progrees  ot  usefiil^ 
and  real  knowlcdi^e  In  the  vLirii»us  ^mrtsof  this  i 
n,  which  -  th,a  the 

cannot  bt     .  inith  will 

•redommaiJ  uiurt»  gtnerallrj 

cd,  and  b.  lum  more  uutj 

-ught  aAer*    VV  hen  pride^  ambitkiOp 


SOI] 


Jiir  High  Treason- 


A.  D.  1794, 


[302 


agoonrtice  give  pl^cc  to  these  virtuea, 
Hhcil  ojiprcfsion  ceases  and  charity  abounds, 
Irheii  men  in  principle  and  practice  verify  the 
oly  and  advantage  of  doing  to  others  as 
htT  wash  to  be  done  by ;  then,  and  not  till 
en,  oin  any  people  or  nation  be  said  to  be 

**  Wo  have  herewith  enclosed  our  rules, 
Should  have  written  you  much  sooner, 
on  account  of  a  diappointment  in  the 
riuting  of  our  articles,  ike. 
'*  Our  numbers  continue  to  increase,-4K)th 
e,  and  in  the  adjacent  towns  and  villages ; 
general  coucurrence  prevails,    as   to    the 
aty  of  the  business,  and  the  measures 
iopted  by  this    society  for    obtaining    our 
(bject.    It  will  be  of  peai  importance  to  the 
I  wc  arc  engaged  in,  that  a  more  frequent 
Eiunication  be  maintained  amongst    all 
t  aimilar  institutions;  for  which  reason  we 
the  favour  of  your   correspondence  at 
^       :  vcnient  opportunity,  which  will  be 
111  ^ine  to  lois  society,  who  in  return 

*  .^^^  » . .  t  ui se  I V  V  <  •  <  -  I '  ^  f  r V e  I  h e  sa  me  rul e, '  ^ 
Gentlemen,  li  ed  lo  you  now  what 

Iwa*:  tliii  tilt  ,  ,A  the  Friends  of  the 

op'  >  be  the  object  of  the 

*in  ry»  and  I  agreeing  with 

in  ii  lieir  disicovcry  upon  that 

ibjectwus  and  right,  you  will  find 

\  neceasary  to  gu  back,  and  to  proceed  in  the 
*•  of  time  to  the  ?th  of  April.     Mr.  Hardy 
nt  from  the  London  Corresponding  Society 
copy  of  their  resolutions  to  the  Society  for 
atti  '  '    "    ! nation,  which  was  estab- 

•  r^    and  desired  also  to 
I  currcspuiiutiiic  with  them,  as  they  were 
*  in    one  common  cause ;    that 
P^H-ui...  s;,„  u.»v    vQy  ^in  recollect,  which 
■^1  er  great  benefits  which 

^,  l^^,^  .„^    „  i:J,  would  be  carried  into 

Urn  sayf,  **  Wc  began  this  society  about  ten 
*l  aeo;  it  h  compOMd  chiefly  of  irades- 
UM    shopkeepers.    The  enclosed  will 
I  you  of  the  principles  wc  set  out  upon. 
'^Vfh/m  ^Hf^  ^fM  n*^^}^\nif^A,  we  flattered  our- 
lliai  s  in  the  nation 

ffontii  nciplcs — butin 

or  ihrv;  ^  we  were  most 

Wy  inforr J  ren  at  Shelfield 

taken  the  kuu  lu  ^t^  i^iorious  a  cause 
Dctliately  wrote  to  U»em,  and  were 
^1  »-;iKi...*  .t..i  ,^    *  vnrr^^inj^  d  wiih  to 

;   ihe  ends  wc 

,  _  ^  :    „.  xjred  of  success, 

peraevenog  prudently,  and  with  unani- 


% 


'pooUte  tSth  of  April  179^,  in  furtherance 
llua  jibo*  von  will  find  Mr,  Hanly  writes  a 
to  f  I'Ql  of  the  society  m  the 

Igb—  i«  tht-  «f*r(rry,  the  prin- 

oC  ^hkch  11':  ] 

,  aa  leading  W 

lllCaillv  aecii:'^  ,;  itu-  roUDlry. 

w/jf^can  tl  Aiouib  had  also 

teot   to    Uc    ijMuwii/ii   CorrcapQiuiing 


Society;  and  Mr.  Hardy,  upon  the  18th  of 
April  1792,  Kiys  **  I  am  ordered  by  the  Lon- 
don Corresponding  Society,  to  send  a  copy  of 
their  re  so  lu  lions  to  the  society  that  meets  at 
the  Three  Tuns  tavern,  in  the  Borough, 
established  on  purpose  tor  restoring  the  rights 
of  election,  or  m  other  words,  to  obtnin  an 
equal  representation  of  the  people  of  this 
nation  in  parliament/* 

Now  the}'  had  avowed,  and  avowed  in 
their  declaration,  that  their  object  of  a  repre- 
sentation of  the  people  in  parliament  waa 
precisely  that  more  extended  one  in  its  prin- 
ciple, which  obtained  at  the  time  of  the 
Commonwealth  in  England— namely,  a  re- 
presentation of  tlie  people  in  )iarlianieDt» 
termed  a  parli.iment,  but  without  King  o? 
Lords,  a  repraentativt  gofv&'nmcnt — **  We 
should  be  ven*  happy  to  enter  into  a  corres- 
pondence with  your  society— as  we  are  all 
engaged  in  the  same  grand  and  important 
cause,  there  is  an  absolute  necessity  ibr  us  to 
unite  together,  and  communicate  with  each 
other,  that  our  sentiments  and  determinations 
may  centre  in  one  point,  viz.  to  have  tho 
rights  of  man  re-cntablishcd,  especially  in  this 
nation ;  but  our  views  of  the  rights  of  man 
are  not  confmcd  solely  to  this  small  Island, 
but  arc  extended  to  the  whole  human  race — 
black  or  while,  high  or  low,  rich  or  poor.  I 
give  you  the  following  as  ray  own  opinion^— 
perhaps  you  may  think  it  a  singular  senti- 
ment*'— and  then  an  opinion  is  given,  which 
it  is  my  duty  to  stale,  though  1  do  not  under- 
stand it — *^  that  the  kin^  and  the  nobles,  a* 
much  a^  the  peasant  and  ignoble,  are  equally 
deprived  uf  tiieir  rights.— Our  society  meets 
every  Monday  night," 

Gentlemen,  there  is  an  answer  to  I  his,  frotn 
a  person  of  the  name,  I  think,  of  1  avcll,  who 
is  chairman  of  the  Friends  of  the  Tcoplc  in 
Smithwark  :  he  says—*'  I  duly  received  your 
letter,  containing  the  resolutions  of  tlie  Lot^ 
don  Corresponding  Society — which  I  liave 
communicated  to  our  society  in  the  borough— 
and  I  am  directed  to  return  them  the  thanka  of 
thai  society,  and  to  assure  them  tlie^'  shall  cof- 
diaily  unite  uiih  them,  and  all  similar  socio- 
ties  throughout  the  kingdom,  in  endeavouring 
to  elTect  those  great  objects  ibr  which  they 
are  as^svciated — namely,  to  engage  the  atten- 
tion of  their  fcilow-cititens  to  examine  the 
general  abuses  of  government,  and  to  exercise 
Qieir  dchberative  wisdom  m  a  calm  but  intra- 
pid  manner  in  applying  those  remedies.*' — 
This  is  in  April  ;  and  in  August  they  express- 
ly tell  you,  that  there  was  to  be  no  remedy 
from  parliament — "  in  applying  those  rensc* 
dies  which  the  country  at  urge  may  ultimate- 
ly require — and  they  siucerely  agree  with  you 
in  hoping  that  the  loug-neglccted  rights  of 
man  wdl  be  restored,  not  only  in  this  countryp 
but  in  every  part  of  the  globe  where  man  may 
dwell. — Wc  shall  very  aoon  transmit  you  a 
copy  of  our  i  "  -  n,  and  hope  for  your 
fartlmrcormi 

A  letter  and  ^vsv^uuv/us  from  the  Ecvutu' 


303]         S5  GEORGE  III. 

tion  and  Constitutional  Societies  at  Norwich, 
dated  26th  of  April  1799,  were  read  ^t  the 
meeting  of  the  society  for  Constitutional  In- 
fonnation,  on  the  4th  of  May  following :  thej 
distinctly  state — that  Mr.  Paine's  books  were 
to  he  the  iiiediiim,  through  which  the  preju- 
dices that  had  grown  up  under  the  British 
govern  men  t  were  to  be  g«t  rid  of,  and  the 
ConstitutionalSocictY  return  them  their  thanks 
in  these  words— **1  his  society  receives  the 
above  communication  with  the  mo&t  heartfelt 
satisfaction,  and  desires  earnestly  to  concur 
and  co-operate  with  those  societies  in  their 
laudable  objects ;  that  the  secretary  do  inform 
them  of  the  same,  and  that  this  society  has 
unanimously  elected  the  twelve  members  of 
the  Norwich  societies  to  be  associated  mem- 
l>ers  of  this  society." 

Upon  the  11th  of  May  1792,  the  Constitu* 
tlonai  Society  resolved,  that  there  should  be  a 
oommunkation  from  thai  society  with  the  so- 
ciety of  the  Frieads  of  the  Constitution  at  Pa*- 
ris,  known  by  the  name  of  Jacobins :  they 
send  an  address  to  them,  which  is  in  these 
"words-*''  Brothers  and  fellow-citizens  of  the 
world — 

« The  cordial  and  affectionate  reception 
with  which  you  have  honoured  our  worthy 
countrymen,  Mr.  Thomas  Cooper,  and  Mr. 
James  Watt,  members  of  the  society  of  Man- 
chester, anil  united  with  our  society,  has  been 
communicated  to  us  by  the  correspondence  of 
those  gentlemen. 

^In  ofiering  you  our  congratulations  on  the 
Ijlonous  revolution  which  your  nation  has  ac- 
codiplished,  we  speak  a  language  which  only 
siBcerity  can  dictate. 

<<  The  formality  of  courts  affords  no  exam- 
ple to  us :  to  do  our  thoughts  justice,  we  give 
to  the  heart  the  liberty  it  delights  in,  and 
hail  you  as  broUiers. 

^  It  is  not  among  the  least  of  the  revolu- 
tions which  time  is  unfolding  to  an  astonished 
world,  that  two  nations,  nursed  by  some 
wretched  craf\  in  reciprocal  liatrcd,  should  no 
suddenly  break  their  common  odious  chain, 
and  rush  into  amity. 

**  The  principle  that  can  produce  such  an 
effect  is  the  ofl^pring  of  no  earthly  court ;  and 
whilst  it  exhibits  to  iib  the  expensive  iniquit^- 
of  former  politics,  it  enables  us  with  bold  feli- 
city to  say  we  have  dune  with  them. 

*'  In  contemplating  the  political  condition  of 
nations,  we  cannot  conceive  a  more  diaboli- 
cal system  of  government  than  that  which  has 
been  generally  practised  over  the  world,  to 
feed  the  avarice,  and  gratify  the  wickedness 
of  ambition ;  the  fraternity  of  the  human  race 
has  been  destroyed,  as  if  the  several  nations 
of  the  earth  had  been  created  by  rival  gods — 
man  has  not  considered  man  as  the  work  of 
one  creator. 

'<Tlie  political  institutions,  under  which  he 
has  livea,  have  been  counter  to  whatever  re- 
ligion he  professed. 

**  Instead  of  tliat  universal  bonevoleace, 
whkh  thr  iy  of  every  known  religion 

+ 


Trkl  ^Thomas  Hardt/ 


[m 


declares,  he  has  been  politically  bred  to  con- 
sider his  species  as  his  natural  enemy,  and  to 
describe  virtues  and  vices  by  a  geographical 
chart. 

^*  The  principles  we  now  declare  are  not  pe- 
culiar to  the  :»oekty  th-U  addresses  you;  they 
are  extending  themselves  with  accuniulatiog 
force  Uirough  every  part  of  our  coiuitry,  and 
dorive  strength  irom  an  union  of  causes, 
which  no  other  principles  admit 

"The  religious  friend  of  man,  of  every  deno- 
mination, records  them  as  his  own  ;  they  ani- 
mate the  lover  of  rational  liberty,  and  they 
cherish  the  heart  of  tlie  poor,  now  bending  un- 
der an  oppression  of  taxes,  by  a  prospect  of 
relief. 

'<  We  have  against  us  only  that  same  ene* 
my,  which  is  the  enemy  of  justice  in  all  coun- 
tries, a  lierd  of  courtiers  fattening  on  the  spoil 
of  the  public. 

It  would  have  given  an  addidonal  triumph 
tck  our  congratulations,  if  tlie  equal  rights  of 
man,  which  are  tlie  foundation  oi  your 
declaration  of  rights,  had  been  recognised  by 
the  governments  around  ^oii,  and  tranquillity 
establishes!  in  all ;  but,  if  despotisms  be  stiil 
reserved  to  exhibit,  by  conspiracy  and  combi- 
nation, a  further  example  of  infamy  to  future 
ages,  that  power  that  disposes  of  events,  best 
knows  the  means  of  making  that  example 
finally  beneficial  to  his  creatures. 

"  We  have  beheld  your  peaceable  principles 
insulted  bv  despotic  ignorance ;  we  have  seen 
the  right  hand  of  fellowship,  which  you  hold 
out  to  the  world,  rejected  oy  those  who  riot 
on  its  plunder ;  we  now  behold  you  a  nation 
provoked  into  defence,  and  we  can  see  no 
mode  of  defence  equal  to  that  of  establishing 
the  general  freedom  of  Europe. 

'^In  this  best  of  causes  we  wish  you  suc- 
cess; our  hearts  go  with  you;  and  in  sa^'ing 
this  we  believe  we  utter  the  voice  of  millions.^' 

Gentlemen,  this  address  was  signed  by  the 
chairman  of  the  Constitutional  Society,  and 
transmitted  to  Mr.  Watt,  at  Paris ;  and,  upon 
the  28th  of  May  1792,  was  ordered  to  be  pub- 
lished. 

After  this,  the  principles  of  Mr.  Paine, 
which,  you  observe,  contain  the  doctrines  that 
I  have  been  statins  to  you,  were  carried  far- 
ther in  a  third  book  (I  mean  in  that  book 
called  the  Address  to  the  Addressers,  which  I 
sliall  also  be  able  to  give  in  evidence  to  you) : 
Mr.  Paine  having  there  gone  the  length  of  as- 
serting the  folly,  absurdity,  and  wickedness  of 
the  government,  under  which  we  live — not 
only  of  asserting  the  incompetency  of  govern- 
ment, as  it  is  constituted,  to  change  itself,  but 
having  asserted  that  a  conventionary  repre- 
sentation of  the  people,  in  that  sense  in  which 
we  speak  of  it,  must  do  this  work,  he  pro- 
ceeds to  the  extent  of  stating  the  plan  and 
form  of  an  organization  of  that  sort,  upon 
which  the  convention  was  to  be  framed. 
.  Gentlemen,  it  was  impossible  not  to  apply  t» 
the  justioeof  the  hiw,  against  the  attack  made 
.upon  our  govenuncnt  by  the  penon  who 


»^ 


fir  IKgh  Treaam- 


A.  D.  1794. 


[SC 


tl^lB^HIIitll  T  atu  now  staling,  viriih 
te  ftpf^robtttknit  puMV^IkmI  over  ana   over 

itL'''~  "*''^"""  "ocieties,  who,  in  ihcif  corpo- 
ra I  I  miiY  9o  spciik,  could  not  be 
I  ^iuin^  it— il  betamn  necessary 
V  of  lhi8  rdnnlrv,  whether  these 

41  rr^  to  li*  tiihrated— what  is  the 
It  is,  that  these  socie* 

iia',  r  into  5.uh**criptiont*  for 

Ihc  support  nf  Mr  i';iine,  a»d  ihey  consider 
tbetntclves  as  et\u;a^e<1  in  propagating  his 
yi^rkM ill  thai  wuy,  in  which  no  work  tvir  was 
prapagftied  —  to  the  intenr  to  prudiue  that 
flWIvwition,  vrilhoul  which  tht:  rjatjon,  in  no 
orgAnismtJon  of  its  govcrnmenl,  cuuki  he  »iu'rd, 
according  to  them,  to  oist  in  a  stale  of  tree* 
ikHB  tfl  a  nation. 

*1  to 

loc  rxr^ilixuti  ui  ui*.'  nii"*  i  i)f:-i   tli.iii    v*-r>  jhitttu* 

edl,llief  becafne  ntorc  mi^chicvons ;  an<l  you 
•ill  (h>^^ -"-^'T'^^'^f^  ''irtinij  from  the  society^ 
tf}»fts^  IN  tiiJit  they  nieiint  to 

detifos  Mlotlhe  country;  that 

tticy  t  'C,  stay  among  them  ; 

mtii  to  V  IS,  a*  far  as  appears  from 

my  iHtVprmatign  that  I  have  had,  they  did  not 
comicicend  to  exphiui  themselves— to  say, 
;  K«,  you  huve  mist u ken  our  object — this  is 
sot  wbat  UT  mean ;  but  they  leave  them  un- 
mufffpdy  and  go  on  to  execute  ilic  purposes 
►  aliotit. 

olutions  in  order  to 

pro^cciitlons,  they 

v*-^   ■''<'-  ..oka 

^  in 

if  I  miv  so  sar,  them- 

lof 

jiisi- 

fv  premium  for 

itions  are*?ei\t 

•i  vai  ious  places,  in  hun- 

-1  am  fiorry  to  say,  to 

i>ns,to  diHribute— I  am 

Hf  the  mo*t  ^flrrrd  pro- 


sprcad  the  effect  of  the  mischief  more 
widely  and  diffubely  than  otherwise  they  could 
have  done. 

Upon  tlie  94th  of  May  tT9^,  there  is  a  let- 
ter sent  from  Mr.  Hardy,  I  believe  not  in  hitj 
own  hand-writing,  but  I  believe  in  the  hand 
writing  of  Mr,  Vaughan»  whom  I  before  nant4 
cd  to  yon,  in  which  he  slates,  that,  by  the  diJ 
reclion  of  the  London  rorresponifing  Society^ 
he  had  the  honour  uf  enclosing  la  them  a 
copy  of  their  address  and  regulations^  which 
he  requests  they  will  commnn irate  to  tlie 
Constitutional  Society.  The  thanks  of  the  so- 
ciety wf  re  given  to  them  for  ihiii ;  and  that 
is  a  publication  moi*e  guarded  Ihan  anothcf 
you  will  find  published  upon  the  Oih  of  Au- 
gust l?9'2. 

After  stating  their  rnnslitulion»  which  I  be-- 
fore  mentioned  to  yoti,  ilsa^'s — **  But,  as  Pro- 
vidence has  furnishctl  men  m  every  station 
with  faculties  necessary  lijr  judging  of  what 
concerns  themselves,  ^hall  wc,  liic  multitude, 
suffer  a  few,  with  no  better  t  ight  than  our- 
selves, to  u^iurp  the  power  of  froverning  us 
without  control?  Surely  not :  let  us  rather 
unite  in  one  common  cause  to  cast  away  our 
bondage,  \mn^  av^^nrcd,  that  in  so  doing